Sanjeev @ Kaku vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

The applicant has filed this first bail application under section 439 of Cr.P.C. for grant of bail. The applicant has been arrested by Police Station- Morar, District-Gwalior in connection with Crime No.246/2019 registered in relation to the offences punishable u/S. 379 of IPC.

Allegations against the applicant, in short, are that the applicant along with co-accused had committed theft of Truck bearing registration No. U.P. 75, A.T.5455 loaded with rice bags valued at Rs. 28 Lakhs.

Learned counsel for the applicant submits that applicant aged 21 years is a reputed citizen of the locality, who has no criminal antecedents and he has been falsely implicated in the present case. The offence alleged is triable by Judicial Magistrate First Class. Charge-sheet has been filed and further custodial interrogation of the applicant may not be necessary and the applicant is in custody since 24/04/2019 and early conclusion of the trial is bleak possibility and prolonged pre-trial detention is an anathema to the concept of liberty. On these grounds, applicant prays for grant of bail.

Learned Public Prosecutor for the State opposed the application and prayed 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 and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand only) with two local solvent sureties of the like amount 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 an offence similar to the offence of which he is accused;

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.

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

Certified copy as per rules.