Sitaram vs State Of Madhya Pradesh

This is first application u/S. 439 Cr.P.C filed by the applicant for grant of bail. He has been arrested on 26.07.2019 by Police Station Sabalgarh district Morena, in connection with Crime No.326/2019 registered in relation to the offences punishable u/S. 394 of IPC and Sec. 11/13 of MPDVPK Act .

It is submitted by counsel for the applicant that the applicant has been falsely implicated in the case as the authorities have made out three cases out of one case. He has drawn attention of this court to Crime Nos.130 of 2019 registered by the authorities to show criminal antecedents of the applicant. Learned counsel for applicant placed reliance upon the order dated 20.09.2019 passed in M.Cr.C No. 39198/2019 (Ramautar Vs. State of M.P.) and seeks parity vis a vis that order. He is permanent residents of Village, Nagar, Police Station Dang Basai, District Dholpur Rajasthan, and there is no chance of his absconding. On these grounds, he prayed for grant of bail to the applicant.

Learned Public Prosecutor for the State opposed the application stating that he has been identified in TIP and stolen articles have been seized from his possession. Hence, he prayed for rejection of the same.

Heard learned counsel for the parties and perused the record.

Considering the aforesaid facts and circumstances of the case and the fact that the applicant is in custody since 26.7.2019, but 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 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 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 they are 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.

The applicant shall mark their presence before concerned trial court once in the first week of every month till conclusion of trial;

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

C.c. as per rules.