Yashwant Rawat vs State Of Madhya Pradesh

Sunita Yadav, J

This is the First application u/S. 439 of Cr.P.C. for grant of bail in connection with Crime No.157 of 2023 registered at Police Station Badauni, District Datia (M.P.) for the offence punishable under Sections 393 of IPC, Section 11/13 of MPDVPK Act.

Allegations against the applicant/accused, in short, are that he along with other co-accused person tried to commit robbery from the complainant.

Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated. Present FIR has been lodged on account of some dispute of traffic police for non bearing helmet. He has not been identified in TIP. Applicant is under custody since 21.08.2023. Since, material investigation has already been concluded, therefore, custodial interrogation of the applicant may not be required. He is having no criminal antecedent. The applicant is permanent resident of District Shivpuri. Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, he prays for grant of bail to the applicant.

O n the other hand, learned State counsel vehemently opposed the application and prayed for its rejection.

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

In view of 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 applicant be released on bail on furnishing a personal bond in the sum o f Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety 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 applicant:-

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

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

3 ) 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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

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

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

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

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.