Madhya Pradesh High Court
Rahul Dubey vs The State Of Madhya Pradesh on 6 July, 2018
1 M.Cr.C. No.23443/2018
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.23443/2018
(Rahul Dubey vs. State of M.P.)
Gwalior, Dated : 06.07.2018
Shri Shyamji Dwivedi, counsel for the applicant.
Shri R.K. Awasthi, Public Prosecutor for the
respondent/State.
Case diary is available.
This is third application filed under Section 439 of Cr.P.C. for grant of bail. First application was dismissed as withdrawn by order dated 3.11.2017 passed in M.Cr.C. No.19595/2017 and the second application was dismissed as withdrawn by order dated 27.02.2018 passed in M.Cr.C. No.7847/2018.
The applicant has been arrested on 15.07.2017 in connection with Crime No.358/2017 registered by Police Station Gwalior, District Gwalior for the offence punishable under Sections 489-B, 489-C, 34 of IPC.
It is submitted by the counsel for the applicant that according to the prosecution case, five counterfeit currency notes of denomination of Rs.100/- have been seized from the possession of the applicant along with one printer. It is submitted that although recording of evidence has begun and some of the witnesses have been examined but the applicant is in jail from 15.07.2017 and the trial is likely to take sufficiently long time. There is no possibility of his absconding or tampering with the prosecution case. He undertakes to abide by any of the condition which may be imposed by this Court.
Per contra, the application is opposed by the counsel for the respondent/State. However, after going through the police case diary, it is fairly conceded by counsel for the State that there is nothing in the case diary to indicate that the applicant has any criminal history.
Considering the facts and circumstances of the case and without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/-
2 M.Cr.C. No.23443/2018(Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
It is further directed that the applicant shall appear before the SHO, Police Station Gwalior, District Gwalior on 1st of every month during the pendency of the trial. In case of bail jump or non-appearance of the applicant before the police station as directed by this Court, this order shall lose its effect.
Certified copy as per rules.
(G.S. Ahluwalia) Judge van Digitally signed by VANDANA VERMA Date: 2018.07.06 18:31:20 +05'30'