Rohit Suryavanshi vs State Of Madhya Pradesh

Pramod Kumar Agrawal, J

This first bail application has been filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail relating to Crime No.34/2024 registered at Police Station- Kotwali District Balaghat (M.P.) for commission of offence under Sections 379 & 34 of IPC. Applicant is in custody since 04.02.2024.

As per prosecution story, it is alleged that applicant alongwith other co-accused has committed theft of mobile phone belonging to the complainant. Therefore, FIR was registered against the applicant.

Learned counsel for the applicant submits that in present case, mobile has not been seized from the possession of present applicant but it has been seized from the possession of co-accused Sunny Kumar. It is further submitted that the applicant has been falsely implicated in the present case. Charge sheet has been filed. He is in custody since 04.02.2024 and conclusion of the trial will take considerable time, therefore, it has been prayed that the applicant may be released on bail.

On the other hand, learned counsel for the State has opposed the grant of bail to the applicant on the ground of his criminal past.

Having taken into consideration all the facts and circumstances of the case, but without commenting on merit of the case, I am inclined to release the applicant on bail. Consequently, this first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.

It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.