Santosh And Others vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

The applicants have filed this first application under Section 439 of Cr.P.C. for grant of bail.

The applicants have been arrested by Police Station Sironj, District Vidisha in connection with Crime No.455/2019 registered in relation to the offences punishable under Sections 294, 323, 506,327, 427/34 and 329 of IPC.

Prosecution story, in short, is that on 30.10.2019 at about 10:00 AM the applicant no.1-Santosh went for deposit the installment of loan of his Tractor and he had Rs.16000/- with him in his pocket, at that time Chintu who is son of Awadhesh called him, where Shivam and his uncle Vinod Nagina were also present. Complainant Shivam abused applicant-Santosh and ask him to pay his Rs.2000/-which was borrowed by the applicant-Santosh, on which applicant-Santosh assured that he will pay the borrowed amount within three to four days, at that time Chintu, Shivam and Vinod caught applicant Santosh and snatched Rs.16000/- from his pocket. The applicant no.1 has submitted the application of this incident to Police Station Sironj. However, the complainant has lodged a false report against the applicants that the applicants have snatched Rs.500/- from the complainant for drinking liquor. On the basis of aforesaid, crime has been registered against the applicants.

Learned counsel for the applicants submits that they have been falsely implicated in the alleged offence. They are in custody since 30.10.2019. Infact the applicants have filed the complaint against the complainant that earlier they had snatched Rs.16,000/- from the applicant-Santosh who is seriously injured by the complainant. The trial will take time and the applicants are ready to abide by all the terms and conditions as may be imposed by this Court. There is no likelihood of their absconsion if released on bail. On these grounds, they may be released on 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.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicants be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with two solvent sureties each to the satisfaction of the concerned trial Court/Committal Court for their appearance during trial on the dates fixed by the concerned Court.

This order will remain operative subject to compliance of the following conditions by the applicants :-

The applicants will comply with all the terms and conditions of the bond executed by them;

The applicants will cooperate in the investigation/trial, as the case may be;

The applicants will not indulge themselves 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 applicants shall not commit an offence similar to the offence of which they are accused;

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

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

It is made clear that in case of bail jump, this order shall automatically stand cancelled.

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

Certified copy as per rules.