Ravi Manjhi vs State Of Madhya Pradesh

Sanjeev S Kalgaonkar, J

This second bail application has been filed by applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.317 of 2023, registered at Police Station GRP BG District Gwalior (M.P.), for offence punishable under Section 392 of IPC and 11/13 of MPDVPK Act. His first application M.Cr.C.no.39082 of 2023 was dismissed as withdrawn vide order dated 8th September, 2023. He is in judicial custody since 08-05-2023.

As per the case of prosecution, Ajay Kumar reported to PS GRP BG Gwalior on 10.05.2023 to the effect that he was travelling from Bhopal to Gwalior in general coach of Dakshhin Express on 05.05.2023. As the train reached near Gwalior Platform, one boy snatched his mobile phone and jumped out from the moving train. On such information GRP BG registered the FIR at Crime No.317 of 2023 for offence punishable under Section 392 of IPC and 11/13 of MPDVPK Act. During investigation of other Crime No.304 of 2023 applicant/accused Ravi Manjhi was found in possession of two mobile phones and one of them was found related to present case. Therefore, applicant Ravi was arrested on 10.06.2023 and relevant recovery was made from his possession. On completion of investigation, charge sheet was filed on 21.09.2023.

Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant is falsely implicated in the matter. The applicant is sole bread earner in the family. Applicant is permanent resident of Gandhi Nagar Gali, Bhind therefore, there is no likelihood of his absconding leaving behind family and property. The recovery has been made and after investigation, charge sheet has been filed. There is no likelihood of tampering with the prosecution evidence. The trial would take time to conclude. The applicant is in custody since 08.05.2023. Therefore, considering the period of custody, the applicant may be extended the benefit of bail.

Per contra, learned counsel for the State opposes the bail application on the ground of gravity of the alleged offence. He further submits that there is criminal history of 11 cases against the applicant. Therefore, he may not be released on bail.

In reply, learned counsel for the applicant submits that nine cases out of 11 cases are related to the year 2022 and applicant is falsely involved in all the pending cases of theft by PS GRP, Gwalior.

Heard learned learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case, but without commencing on merits of the case, this Court inclined to grant bail to the applicant. Thus, the application is allowed.

Accordingly, it is directed that applicant RAVI MANJHI s hall be released on bail in connection with Crime No.932 of 2019, registered at Police Station Station Road, District Morena, (M.P.), for offence punishable under Section 420, 467, 466, 471 and 120B of IPC, upon furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. one lac only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, :

The applicant shall remain present on every date of hearing as may be directed by the concerned Court;

The applicant shall not commit or get involved in any offence of similar nature;

The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the investigating officer;

The applicant shall not directly or indirectly attempt to temper with the evidence or allure, pressurize or threaten the witness;

The applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C regarding examination of witness in attendance;

The applicant shall mark his presence before SHO, PS GRP BG Gwalior in every fortnight till conclusion of trial.

This order shall be effective till the end of trial. However, in case of breach of any of the pre-condition of bail, it shall become ineffective without reference to the Court.

CC as per rules.