Manoj vs State Of Madhya Pradesh

Sunita Yadav, J

This is the Second application filed by the application under Section 439 o f the Cr.P.C. for grant of bail relating to Crime No. 185/2023 registered at Police Station Noorabad, District Morena (M.P.) for the offence under Sections 384, 341, 34 of IPC further added Sections 392 of IPC, Sections 25, 27 of the Arms Act and Sections 11 and 13 of MPDVPK Act. First application was dismissed as withdrawn vide order dated 29th September, 2023 passed in MCRC No.37309/2023

Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. As per prosecution story, applicant snatched the Mangalsutra of the wife of complainant, however, the said Mangalsutra has not been recovered from the possession of present applicant. The TIP was conducted after the delay of three months 19 days. Further argument is that applicant is in custody since 06.07.2023. Investigation has already been concluded by filing of charge-sheet, therefore, there is no requirement of further custodial interrogation of the applicant. Applicant is the permanent resident of District Morena (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence. Applicant is ready and willing to abide by all the terms and conditions if he is granted bail. Hence, he prays for grant of bail to the applicant.

Per contra, learned counsel for the State vehemently opposed the bail application citing the criminal history of the applicant and prayed for its dismissal.

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

Considering 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) with a 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:-

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

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

3) 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 them from disclosing such facts to the Court or to the Police Officer, as the case may be;

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

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

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

7 ) The applicant shall mark his presence before the SHO of the concerning police station in the first week of every month till conclusion of trial.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.