Rannu @ Roop Singh Rawat vs The State Of Madhya Pradesh on 3 May, 2023

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Madhya Pradesh High Court

Rannu @ Roop Singh Rawat vs The State Of Madhya Pradesh on 3 May, 2023

Bench: Sunita Yadav

                                                              1
                                  IN THE HIGH COURT OF MADHYA PRADESH
                                               AT GWALIOR
                                                       BEFORE
                                          HON'BLE SMT. JUSTICE SUNITA YADAV
                                                    ON THE 3 rd OF MAY, 2023
                                          MISC. CRIMINAL CASE No. 17515 of 2023

                           BETWEEN:-
                           RANNU @ ROOP SINGH RAWAT S/O SHRI DAMODAR
                           SINGH RAWAT, AGED ABOUT 29 YEARS, R/O GRAM
                           RICHHARIKALAN, POLICE THANA KARHIYA, DISTRICT
                           GWALIOR (MADHYA PRADESH)

                                                                                             .....APPLICANT
                           (BY SHRI AMIT GOSWAMI- ADVOCATE )

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           THANA BELGADHA, DISTRICT GWALIOR (MADHYA
                           PRADESH)

                                                                                         .....RESPONDENTS
                           (BY SHRI NIRMAL SHARMA- PUBLIC PROSECUTOR )

                                  This application coming on for admission this day, the court passed the
                           following:
                                                               ORDER

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

The applicant has been arrested by Police Station Belgadha, District Gwalior (M.P.) in connection with Crime No.68/2018 registered for the offence punishable under Section 393, 307 of IPC and Sections 11/13 of MPDVPK Act.

As per prosecution story, the allegation against the present applicant is that he alongwith other co-accused persons tried to commit robbery and Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 04-05-2023 12:04:08 PM 2 assaulted the complainant.

Learned counsel for the applicant argued that applicant is innocent and has been falsely implicated. It is further argued that no incriminating material has been seized from the possession of present applicant/ accused. The co-accused person namely, Bhura @ Amar Singh has already been granted bail. The applicant is in custody since 18/01/2019. After conclusion of investigation, charge-sheet has been filed, therefore, further custodial interrogation is no more required. The applicant is permanent resident of District Gwalior. Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. Hence, he prays for grant of bail to the applicant.

Per contra, learned counsel for the State has vehemently opposed the bail application by citing a criminal history of the applicant and prays for its dismissal.

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

Considering the 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 of Rs.100,000/- (Rupees One Lakh Only) with two solvent sureties 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 Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 04-05-2023 12:04:08 PM 3 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 offence of the 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; and 6 ) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

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.

(SUNITA YADAV) JUDGE vpn Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 04-05-2023 12:04:08 PM

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