Kalu vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the case-diary.

This is the second bail application filed by applicant under Section 439 of Criminal Procedure Code, 1973 as he is implicated in connection with Crime No.274/2021 registered at Police Station - Rajod, District - Dhar (MP) for offence punishable under Sections 458 and 380 of IPC. The applicant is in custody since 09.11.2021.

His first bail application M.Cr.C. No.10879 of 2022 has already been dismissed by this Court vide order dated 11/03/2022.

Co uns el for the applicant has submitted that subsequently the complainant in the present case has also been examined on 26.05.2022 and has not supported the case of the prosecution in any manner and has also denied having identified the article, which has been seized from the present applicant, in fact he has stated that he has not received any of the articles, which were stolen from his house. It is further submitted that the co-accused Kuldeep has also been granted bail by this Court on 18/07/2022 in M.Cr.C. No.30158/2022.

Counsel for the respondent/State, on the other hand, has opposed the prayer.

Having considered rival submissions and on perusal of the case-diary as also the deposition of the complainant wherein he has clearly denied having identified any of the articles seized from the present applicant, this Court finds force with the contentions raised by the counsel for the applicant, and finds it expedient to allow the application.

Accordingly, without adverting to the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand) with a solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

It is also observed that after his release on bail, if the applicant is found to be involved in any of the criminal activities, the learned Judge of the trial Court shall, after giving an opportunity of hearing to the applicant, be at liberty to cancel this bail order without further reference to this Court; and the State/prosecution will be free to arrest the accused in the present case also.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.