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Madhya Pradesh High Court

Sudhir Giri vs The State Of Madhya Pradesh on 14 December, 2018

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                                                       M.Cr.C. No.49284/2018

           THE HIGH COURT OF MADHYA PRADESH
                           M.Cr.C. No.49284/2018
             (Sudhir Giri v. The State of Madhya Pradesh)
Jabalpur, Dated 14.12.2018
      Shri Sharad Verma, learned counsel for the applicant.
      Shri Neeraj Asar, learned Panel Lawyer for the respondent/State.

Case diary is available and perused.

Heard learned counsel for the parties.

This is second application filed by the applicant/accused under Section 439 of Cr.P.C for grant of bail, who has been arrested on 01.06.2018 by Police Station Nawanagar, District Singrauli in connection with Crime No.129/2018 registered for the offence punishable under Sections 458, 380, 395, 450 & 506 of IPC.

The first bail application was dismissed as withdrawn vide order dated 02.11.2018 passed in M.Cr.C. No.42753/2018.

As per prosecution case, an FIR has been lodged against two unknown persons that they committed theft of isolated blade, control cable, aluminum clamp and three mobiles etc. from the control room of the Sub- Station and also assaulted the complainant, result in which, the complainant received the injuries. Accordingly, the offence as aforesaid has been registered against them.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. It is further submitted that the applicant has no criminal antecedents and the co-accused has been enlarged on bail. No test identification parade has been conducted. He also submits that in CCTV footage, there is no incriminating material available against the applicant. The applicant is in jail since10.06.2018. Trial will take a long time to conclude. The applicant is permanent resident of the district and there is no likelihood of his absconding or tampering with the prosecution case. On these grounds prayer is made to enlarge the applicant on bail.

Per contra, learned Govt. Advocate has vehemently opposed the application and prayed for its rejection.

Looking to the fact that co-accused Ramesh @ Lolay Rawat has been enlarged on bail vide order dated 26/10/2018 passed in M.Cr.C. No.35698/2018, therefore, maintaining parity, without going on the merit of the case, present application is also allowed and it is ordered that the applicant-Sudhir Giri be released on bail on furnishing a personal bond for the sum of Rs.50,000/- (Rs.Fifty Thousand Only) with a solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial and for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C.

This order shall be effective till the end of the trial but in case of bail jump, it shall become ineffective.

Certified copy as per rules.

(Akhil Kumar Srivastava) Judge Astha Digitally signed by ASTHA SEN Date: 2018.12.14 03:44:53 -08'00'