High CourtsSingle Bench

Murari vs State Of MADHYA PRADESH

Madhya Pradesh High Court · Decided on 24 September 2019 · Citation: (2019) 09 MP CK 0056

HON’BLE JUDGES
Rajeev Kumar Shrivastava, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 — Section 439 · Arms Act, 1959 — Section 25, 27
RESULT
Dismissed
CASE NUMBER
Miscellaneous Criminal Case No. 38848 Of 2019
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Judgment

16 paragraphs · 456 words

The applicant has filed this first bail application u/S.439, Cr.P.C. for grant of bail.

The applicant has been arrested by Police Station Bhonti, District Shivpuri in connection with Crime No.175/2019 registered in relation to the offences punishable u/S. 25 and 27 of the Arms Act.

Learned counsel for the applicant submits that the applicant has not committed any offence. He has been falsely implicated on the previous enmity. No weapon has been seized from the possession of the applicant. The applicant has no direct or indirect involvement with the alleged offence. There is no possibility of his absconding or tampering with the prosecution case. The applicant is in custody since 02.09.2019. The trial will take time. Under these circumstances, counsel for the applicant prays for grant of bail.

Learned Panel Lawyer for the State opposed the prayer on the ground that there are six criminal cases against the present applicant. Hence, he prayed for dismissal of the application.

Heard learned counsel for the parties and perused the case diary. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court deems it appropriate to allow this application in the following terms.

It is hereby directed that the applicant shall be released on bail on his furnishing a personal bond of Rs.1,00,000/- (Rupees One Lac Only) along with two solvent sureties each of Rs.50,000/- each 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;

2.

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

3.

The applicant will not indulge himself in extending inducement, threat or promise to any person acquitted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4.

The applicant will not seek unnecessary adjournments during the trial;

5.

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

6.

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

In the light of the above order, I.A.No.7486/2019, an application filed on behalf of the applicant for interim bail, has rendered infructuous and is accordingly dismissed as infructuous.

A copy of this order be sent to the Court concerned for compliance as well as copy of the order be given to the learned Panel Lawyer with a direction to keep the same in the concerned case diary.

Certified copy as per rules.