Santosh And Others vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

This is first application under Section 439 of CrPC for grant of bail.

The applicants have been arrested on 30/6/2021 in connection with Crime No.119/2021 registered at Police Station Jamner, District Guna (M.P.) for offence under Sections 382 & 392 of the IPC.

It is submitted by learned counsel for the applicants, namely, Santosh and Gajendra that the applicants are innocent. They have not committed any offence. They have falsely been implicated in the case only on the basis of memorandum given by co-accused. Allegations levelled against the present applicants are false. Investigation is complete and charge-sheet has been filed. Trial will take its own time. It is also submitted that in case of grant of bail, in addition to the conditions imposed by this Court, applicants are ready and willing to deposit a sum of Rs.2,000/- with the High Court Legal Aid Services Authority for treatment of visually impaired children. Hence, prayed for grant of bail to the applicant.

P er contra, learned State counsel has opposed the prayer and has submitted that the there are six and four criminal cases against the applicants, namely, Santosh and Gajendra respectively. Hence, prayed to reject the bail application.

Heard learned counsel for the rival parties and perused the materials available on record.

Considering the arguments advanced by leaned counsel for the applicants, without commenting on merits of the case, the application is allowed and it is hereby directed that the applicants shall be released on bail on furnishing personal bond each of them of Rs.75,000/- (Rupees Seventy Five Thousand only) with one solvent surety of the like amount to the satisfaction of the Court concerned for their regular appearance before the Court concerned.

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;

3 . The applicant will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4 . The applicants shall not commit an offence of which they are accused. In case of repetition of offence, this bail order shall automatically stand cancelled;

5 . The applicants will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;

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

7 . The applicants will inform the SHO of concerned police station about his/her residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station for information; and

8 . As submitted by learned counsel for the applicants above, applicants are directed to deposit a sum of Rs.2,000/- (Rupees Two Thousand Only) each with the Secretary, High Court Legal Aid Services Authority, Gwalior, which shall be utilized for treatment of visually impaired children.

Application stands allowed and disposed of.

Certified copy as per rules.