Mohit Vishwakarma vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

In the absence of learned counsel for the parties, the matter is considered on the basis of case diary and the averments made by applicant in the petition.

This is the first application under Section 439 of Cr.P.C for grant of bail. The applicant Mohit Vishwakarma was arrested on 18.07.2021 in connection with Crime No.866/2021 registered at Police Station Kolgavan Distt. Satna (M.P.) for the offence punishable under Section 379 of IPC.

The applicant has averred in his petition that he is innocent and has falsely implicated in the case. The applicant has been in custody since 18.07.2021 and conclusion of trial will take time, hence prayed for release of the applicant on bail.

In the objection filed by State along with case diary it is mentioned that the applicant has criminal past and other offences of similar nature are also registered against the applicant, so he should not be released on bail.

Looking to the facts and circumstances of the case and the fact that alleged offence is triable by JMFC, applicant is in custody since 18.07.2021, conclusion of trial will take time, without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with surety in the like amount to the satisfaction of the concerned CJM/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

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 trial;

3.The applicant will not indulge himself 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 facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

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

The applicant will not leave India without prior permission of the trial Court.

C.C. as per rules.