Manoj Alias Gintu Gwala vs State Of Madhya Pradesh

Rajesh Kumar Gupta, J

This is Second application filed by the applicant under Section 483 of the B.N.S.S. for grant of bail. His first application was dismissed by co-ordinate Bench of this Court. The applicant has been arrested in connection with POR No.296/2015/2016 registered at Police Station Vishwavidyalaya, District -Gwalior (M.P.) for the offence under Sections 309(4) of BNS and Section 11/13 of MPDVPK Act further added section 61(2) of BNS.

As per prosecution case, on 25 November 2024, the complainant Vinay Anand, son of Shri Parmasukh Anand, lodged a report at Police Station University, stating that on the same day, at about 2:00 p.m., he had gone from his home to the State Bank of India, City Centre Branch, Gwalior, along with his brother-in-law Satish Kumar and his two sons Anubhav and Deepak. From his brother-in-law’s account, he withdrew an amount of Rs.5,00,000/- for the purpose of executing a property registration and kept the cash in a black bag, which he carried in his hand. As soon as they came out of the bank, and before they could reach the car parked near the other gate of the SBI bank, at a distance of about 20 meters, two persons arrived on a black Pulsar motorcycle bearing registration number HR-26-DL-4509, and the pillion rider snatched the bag from the complainant’s hand and fled away..

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. The applicant is in custody since 03.08.2025. Investigation is over and charge-sheet has been filed. The applicant has been implicated in this case on the basis of robbery of Rs. 5 Lakhs from complainant. Complainant Vinay Anand(PW-1) identified the present applicant before trial Court, but he has turned hostile in paragraph No.7 of cross-examination. There is no previous criminal antecedent against the present applicant. It is further submitted that applicant is ready and willing to abide by all the terms and conditions imposed by this Court. No further custodial interrogation is required in the matter. Conclusion of the trial will take sufficiently long time. Hence, prayed for grant of regular bail to the applicant.

Learned counsel for the State has vehemently opposed the prayer and prayed for its dismissal.

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

Considering the above submissions made by the counsel for the parties and looking to the facts and circumstances of the case, 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 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:-

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

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

iii) The applicant will not indulge himself/herself 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 acts 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.

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

and

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

Application is allowed and disposed of.

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

Certified copy as per rules.