Dilip vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

The applicant has filed this second application under section 439 of the Cr.P.C. for grant of bail. Earlier first bail application was dismissed on merits

vide order dated 06/01/2020 passed in M.Cr.C. No. 53186/2019.

The applicant has been arrested by Police Station Morar, District Gwalior, in connection with Crime No.451/2019 registered in relation to the offence

punishable under section 394 of IPC and sections 11/13 of M.P.D.V.P.K. Act.

Allegations against the applicant, in short, are that he along with co-accused stopped the complainant near Rajkot Hotel, Morar and committed

marpeet with him and thereafter snatched his motorcycle and fled away from the place of incident. On the basis of the aforesaid, crime has been

registered.

Learned counsel for the applicant submits that applicant has been falsely implicated in the matter. He is in custody since 12.11.2019. No further

custodial interrogation is required. Test Identification Parade has been conducted by the prosecution, in which, the applicant has not been recognized.

The applicant is permanent resident of District Gwalior (M.P.). Conclusion of trial is likely to take time and there is no likelihood of his absconsion if

released on bail. On these grounds, he may be released on bail.

Learned Public Prosecutor for the State opposed the application on the ground that stolen motorcycle has been recovered from the possession of the

applicant and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is

made out.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on

his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with two local solvent sureties of the like amount to the

satisfaction of the concerned trial Court/Committal Court for his appearance during trial on the dates fixed by the concerned Court.

This order will remain operative subject to compliance of the following conditions by applicant:-

He will comply with all the terms and conditions of the bond executed by him;

He will cooperate in the investigation/trial, as the case may be;

He will not indulge in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from

disclosing such facts to the Court or to the Police Officer, as the case may be;

He will not seek unnecessary adjournments during the trial; and

He will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

6.If the applicant commits any offence after being released on bail, then this order shall automatically stand cancelled without reference to the Court.

C.C. as per rules.