Ravi vs State Of Madhya Pradesh

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

T he applicant has been arrested on 25.01.2019 by Police Station Station Road, Morena, District Morena in connection with Crime No.180/2018

registered in relation to the offences punishable under Sections 457 and 380 of IPC.

The allegation against the applicant, in short, is that on 21.6.2018, after breaking open the shop of the complainant, he committed theft of one

Mangalsutra, Rs.10,000/- in cash, a pair of silver anklets, one gold OM and two mobile phones and the Mangalsutra has been recovered from him.

Learned Counsel for the applicant submits that the applicant has been falsely implicated in the matter. He is in custody since 25.01.2019. The offence

is triable by JMFC. Investigation is over. therefore, no custodial interrogation is required in the matter. It is also submitted that the co-accused Girraj

@ Gujntu has been enlarged on bail vide order dt.13.05.2019 passed in M.Cr.C.No.17127/2019. The applicant is permanent resident of village Bijorli

Pura Thana Mata Basaiya, Morena, Tahsil and District Morena and there is no likelihood of his absoncion if released on bail. The applicant is ready

and willing to abide by all the terms and conditions which may be imposed by the Court. Under these circumstances, he prays for grant of bail.

Learned Panel Lawyer for the State opposed the application and prayed for its rejection on the ground that on the basis of the allegations and the

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

However, it would not be desirable to enter into the merits of the rival contentions at this juncture. Considering the facts and circumstances of the

case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of

liberty, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, without expression any opinion on merits of the case, this application is allowed though on 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/- (Rs. One Lac only) with two solvent and local solvent sureties

each of Rs.50,000/- (Rupees fifty thousand) to the satisfaction of the concerned trial Court/committal 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 o r 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 Office, as the case may be;

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.

6 . If the applicant commits any offence after being released on bail, then this order shall automatically stand cancelled without reference to the Court.

The applicant shall appear and mark his presence before the trial/committal Court concerned once in every month till conclusion of the trial, failing

which this bail order shall stand cancelled automatically without further reference to this Court.

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

C.C. as per rules.