Vivek Nagar And Others vs State Of Madhya Pradesh

Sunita Yadav, J

This is the first application filed by the applicants under Section 439 of the Cr.P.C. for grant of bail relating to Crime No.218 of 2023 registered at Police Station Gohad Chouraha, District Bhind (M.P.) for the offence under Section 395, 397, 294 of IPC and section 11/13 of MPDVPK Act.

Allegation against the present applicants, in short, are that they along with co-accused persons in furtherance of their common object snatched away 315 bore gun from the complainant/Khadke @ Khadag Singh.

Learned counsel for the applicants argued that applicant is innocent and has been falsely implicated. The present FIR is counter blast of the FIR registered by the accused person against the complainant party vide crime No. 217/2023 at police station Gohad Chouraha, Dist. Bhind. The applicants are having no criminal antecedents and the gun has already been seized, therefore, custodial interrogation of the present applicants are not required any more. The applicants are in custody since 06.08.2023. Learned counsel for applicants has invited attention of this Court that co-accused Vikas Jatav has already been granted bail by this Court vide order dated 23.8.2023 passed in M.Cr.C. No.36740/2023; therefore, he seek parity. The applicants are permanent resident of District Gwalior (M.P.) and there is n o possibility of their absconsion or tampering with the prosecution evidence, if released on bail. On these grounds, he prays for grant of bail to the applicants.

Per contra, learned counsel for the State vehemently opposed the bail application and prayed for its dismissal.

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

Considering the facts and circumstances of the case, but 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 furnishing a personal bond in the sum of Rs. 50,000 (Rupees Fifty Thousand Only) each with two solvent sureties in the like amount to the satisfaction of the trial Court.

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

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

2) 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 will not commit any other offence or will not repeat the offence in future. In case, if they are found involving in the offence of same nature, this bail order shall stand cancelled automatically without further reference to the Bench.

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

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

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.