Kuldeep Chaudhary vs The State Of Madhya Pradesh on 21 December, 2021

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Madhya Pradesh High Court

Kuldeep Chaudhary vs The State Of Madhya Pradesh on 21 December, 2021

Bench: Anand Pathak

                             1
                 HIGH COURT OF MADHYA PRADESH
                           MCRC.No.61254/2021
                (Kuldeep Chaudhary Vs. The State of M.P.)

Gwalior Bench : Dated : 21.12.2021

         Shri Akhilesh Gupta, learned counsel for the applicant.

         Shri Rajesh Shukla, learned Deputy Advocate General for the

State.

         Heard the learned counsel for the parties.

         Perused the case dairy.

         The applicant has filed this first bail application u/S.439 Cr.P.C.

for grant of bail. Applicant has been arrested on 30.09.2021 by Police

Station Morar, District Gwalior (M.P.) in connection with Crime

No.854/2021 for the offence punishable under Sections 399, 400, 402

of IPC and Section 11/13 of M.P.D.V.P.K.Act and Section 25/27 of the

Arms Act.

         It is the submission of learned counsel for the applicant that the

applicant is suffering confinement since 30.09.2021. The applicant is a

young boy aged 22 years. In the instant case on memo of co-accused

under Section 27 of Evidence Act, he has been implicated.

Confinement amounts to pretrial detention. A chance be given to the

applicant for course correction and to mend his ways. He undertakes to

cooperate in trial. Under these grounds, he prayed for bail.

         Learned Deputy Advocate General for the respondent/State

opposed the prayer and prayed for its rejection.

Heard learned counsel for the parties and perused the documents 2 HIGH COURT OF MADHYA PRADESH MCRC.No.61254/2021 (Kuldeep Chaudhary Vs. The State of M.P.) appended thereto.

Considering the submissions advanced by the learned counsel for the parties and a chance be given for course correction to reform himself, the application is allowed. It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the Trial Court concerned.

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

4. The applicant shall not commit an offence similar to the offence of which he is accused;

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

6. The applicant will not leave India without previous permission 3 HIGH COURT OF MADHYA PRADESH MCRC.No.61254/2021 (Kuldeep Chaudhary Vs. The State of M.P.) of the trial Court/Investigating Officer, as the case may be.

Application stands allowed and disposed of. Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.


                                                             (Anand Pathak)
AK/-                                                             Judge
       ANAND KUMAR
       2021.12.21
       19:05:05 +05'30'

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