Golu @ Komal vs State Of Madhya Pradesh

The applicant has filed this first bail application u/S.439, Cr.P.C. for grant of bail.

The applicant has been arrested by Police Station Antri, District Gwalior in connection with Crime No.86/2019 registered in relation to the offence punishable u/Ss.392, 506 of IPC and Section 11, 13 of MPDVPK Act.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter. The applicant is in custody since 14.08.2019. There is no possibility of his absconding or tampering with the prosecution case. Under these circumstances, counsel for the applicant prays for grant of bail.

Learned Public Prosecutor for the State opposed the prayer on the ground that recovery has been made from the possession of the applicant. Hence, he prayed for dismissal of the application.

Heard learned counsel for the parties and perused the case diary. Considering the submissions advanced by the counsel for the rival parties and looking to the period of custody, without expressing any opinion on the merits of the case, this Court deems it appropriate to allow this application.

It is hereby directed that the applicant shall be released on bail on his furnishing a personal bond of Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety in the like amount to the satisfaction of the Trial Court.

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

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

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

The applicant will not indulge himself in extending inducement, threat or promise to any person acquitted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant will not seek unnecessary adjournments during the trial;

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

The applicant shall not commit an offence similar to the offence of which they are accused;

A copy of this order be sent to the Court concerned for compliance as well as copy of the order be given to the learned Public Prosecutor with a direction to keep the same in the concerned case diary.

Certified copy as per rules.