Rajendra Gurjar vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

The applicant has filed second application under section 439 of the Cr.P.C. for grant of bail. The first application was dismissed as withdrawn vide

order dated 17/12/2019 passed in MCRC No.52576/2019.

The applicant has been arrested by Police Station- Kotwali, District- Vidisha in connection with Crime No.665/2019 registered in relation to the

offences punishable under Sections 420, 409 and 120-B of IPC.

Allegations against the applicant, in short, are that the applicant along with co-accused persons namely- Ramesh Ahirwar and Lalla purchased a

Swaraj Tractor from Triupati Traders, Vidisha on the basis of forged documents and got financed the same from the finance company. On the basis

of aforesaid, crime has been registered against the applicant.

Learned counsel for the applicant submits that the applicant is aged about 34 years and he has been falsely implicated in the case. He is not concerned

with the case directly or indirectly. It is submitted by the learned counsel for the applicant that the applicant had accompanied the accused persons for

purchasing tractor only. Charge sheet has been filed and no further custodial interrogation is required in the matter. The applicant is in custody since

01/12/2019 without any substantial reason and early conclusion of the trial is bleak possibility and prolonged pretrial detention is an anathema to the

concept of liberty. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. Under these grounds, applicant

prays for grant of bail.

In response, learned Public Prosecutor has opposed the bail application and prayer for its rejection by contending that on the basis of the allegations

and the material available on record, no case for grant of bail is made out.

After hearing aforesaid arguments and looking to the facts and circumstances of the case, without expressing any opinion on merits of the case, this

application is allowed but with certain stringent conditions and it is directed that the applicant be released on bail on furnishing a personal bond in the

sum of Rs.1,00,000/-(Rupees One Lac Only) with two solvent sureties each of Rs.50,000/- (Rupees Fifty Thousand Only) to the satisfaction of the

concerned trial Court.

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 investigation/trial, as the case may be;

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 any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically

without further reference to the Bench.

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

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

Till conclusion of the trial, the applicant shall appear and mark his attendance before the concerned trial Court once in every month.

A copy of this order be sent to the Court concerned for compliance.

Certified copy as per rules.