Imran Khan And Others vs State Of Madhya Pradesh

Nandita Dubey, J

This is the first bail application filed by the applicants under Section 439 of the Cr.P.C.

The applicants are in custody since 27.03.2021 in connection with Crime No.125/2021 registered at P.S. Gadarwara, District-Narsinghpur (MP) for

the offence punishable under Sections 379, 34 of I.P.C.

As per prosecution, a complaint was lodged that in the intervening night of 11.02.2021/12.02.2021 from the petrol pump (Ekash Fuel Station), about

2000-3000 liters of petrol has been stolen. On the basis of which, an FIR against the unknown persons was registered. During investigation one

Virendra Yadav was arrested in connection with some other crime and from his memorandum, it came out that the present applicants were involved

in the crime committed at Ekansh Petrol Pump.

Learned counsel for the applicants submits that the applicants have been implicated only on the basis of the memorandum of co-accused. They have

not committed any offence. They are in custody since 27.03.2021. The trial is going to take a long time to conclude. Hence, they may be released on

bail.

Learned counsel for the State has vehemently opposed the bail application. It is submitted that the present applicants have number of criminal cases

registered against them.

After considering the submissions made by counsel for the parties and looking to the fact that the applicants have been implicated in the present case

only on the basis of the memorandum of co-accused in some other crime, this application is allowed.

It is directed that applicants be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) each with

one surety in the like amount to the satisfaction of the trial Court/committal Court for their appearance on the dates given by the concerned Court.

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

The applicants will comply with all the terms and conditions of the bond executed by themselves,

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

3 . The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to

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

4 . The applicants shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically

without further reference to the Bench.

The applicants will not seek unnecessary adjournments during the trial; and

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

7 . The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to

time by the Supreme Court, the Central Govt. and as well as the State Govt.

A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to the concerned learned Govt. Advocate, on their

respective email address for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the learned Court

below also.

Certified copy/e-copy as per rules/directions.