Vivek Pathak vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

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

The applicant has been arrested on 03/7/2021 in connection with Crime No.76/2021 registered at Police Station GRP (BG), District Gwalior for offence under Sections 170, 171, 384, 419, 34, 120-B and 392 of IPC and Sections 11, 13 of MPDVPK Act.

It is submitted by learned counsel for applicant Vivek Pathak that the applicant has been falsely implicated. He has not committed any offence. He is in jail since last more than four months. It is further submitted that other co-accused persons have already been granted bail by this Court and case of the present applicant is also on the same footings. Hence, prayed for grant of bail to the applicant.

Per contra, learned State counsel as well as learned counsel for the complainant opposed the bail application and prayed to reject the same.

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

Considering the fact that other co-accused persons have already been granted bail, without commenting on merits of the case, the application is allowed and it is hereby directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lakh Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court for his regular appearance before the Court on the dates given by the concerned 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/her;

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

3 . The applicant will not indulge herself/himself 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;

The applicant shall not commit an offence of which he is accused;

5 . The applicant will not move in the vicinity of complainant party and 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;

Application stands allowed and disposed of.

Trial Court is hereby directed to dispose of the matter as early as possible, if possible within a period of eight months from this order, in accordance with law.

E- copy of this order be sent to the trial Court concerned for Compliance.

Certified copy/ e-copy as per rules/direction.