Gabbar vs State Of Madhya Pradesh

Rajesh Kumar Gupta, J

This is first application filed under Section 439 of Cr.P.C/483 of the BNSS for grant of bail to the applicant in connection with Crime No. 279 of 2025 registered at Police Station - Jora, District Morena (M.P.) for the offence punishable under Section 309(4), 332(b), 127, 3(5) of BNS & Sections 11/13 of MPDVPK Act.

The allegation against the present applicant is that he, along with other co-accused persons, committed a robbery at the house of the complainant. The applicant aided the other accused persons. Accordingly, offence has been registered against him.

It is submitted by the learned counsel for the present applicant that present applicant is in custody since 23.09.2025. As per TIP report, no TIP was conducted in respect of the present applicant, because he was not present on the spot. The applicant is permanent resident of District Dholpur (Rajasthan.), therefore, there is no possibility of his abscosion or tampering with prosecution evidence. The co-accused Vivek Gurjar has already been enlarged on bail by this Court vide order dated 17.11.2025 passed in M.Cr.C. No.49599/2025, therefore, applicant seeks parity. Even the present applicant was only driving the offending vehicle. Investigation is over and charge-sheet has been filed. The applicant does not bear any criminal record of the same nature. He is ready and willing to abide by all the terms and conditions which may be imposed by this Court. Conclusion of trial will take time. Since, charge-sheet has been filed in respect of the present applicant, then the custodial interrogation is no more required. On these premises, learned counsel prays for bail.

Per contra, learned counsel for the State has vehemently opposed the bail and prayed for dismissal of present bail application.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the facts and circumstances of the case and the fact the conclusion of trial will take long time, but 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 furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with one local solvent surety in the like amount to the satisfaction of the trial Court/committal Court.

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

i) The applicant will comply with all the terms and conditions of the bond executed by him;

ii) The applicant will cooperate in the investigation/trial, as the case may be;

iii) The applicant will not indulge himself 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;

iv) The applicant will not commit any other offence or will not repeat the offence in future. In case, if he is found involving in offence of the same nature, this bail order shall stand cancelled automatically without further reference to the Bench.

v) The applicant will not seek unnecessary adjournments during the trial; and

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

E- copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.