Madhya Pradesh High Court
Banty Jatav vs The State Of Madhya Pradesh Thr on 10 October, 2018
THE HIGH COURT OF MADHYA PRADESH
1
MCRC No. 38087/2018
( BANTY JATAV VS THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 10/10/2018
Shri A.K. Jaiswal, learned counsel for the applicant.
Shri S.S. Dhakad, learned Public Prosecutor for the
respondent-State.
Case Diary is perused.
Learned counsel for the rival parties are heard.
The applicant has filed this first bail application under section 439 of the Cr.P.C. for grant of bail.
The applicant has been arrested by Police Station Bahodapur District Gwalior (M.P.) in connection with Crime No. 681/2018 registered in relation to the offences punishable under section 379 of IPC.
Prosecution story in short is that on the intervening night on 11/08/2018 and 12/08/2018 at about 1.00 am applicant alongwith co-accused were caught red handed while stealing the property i.e. carton of medicine, harpic and tillu pump. On the aforesaid basis, crime has been registered.
Learned counsel for the applicant submits that applicant has falsely been implicated and he is in custody since 12/08/2018. This case has been falsely alleged against the applicant due to applicant asking the complainant to pay wages for which he had worked in the company of the complainant. It is submitted that charge sheet has been filed and no custodial interrogation is THE HIGH COURT OF MADHYA PRADESH 2 MCRC No. 38087/2018 ( BANTY JATAV VS THE STATE OF MADHYA PRADESH) required in the matter and the alleged offence is triable by the JMFC. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court Under these grounds, the applicant prays for grant of bail.
Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.
After hearing aforesaid arguments and looking to the facts and circumstances of the case, 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. 50,000/- (Rupees Fifty Thousand Only) with solvent surety of the like amount to the satisfaction of the concerned 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 shall not commit an offence similar to the offence of which he is accused;
THE HIGH COURT OF MADHYA PRADESH 3 MCRC No. 38087/2018 ( BANTY JATAV VS THE STATE OF MADHYA PRADESH)
5. The applicant will not seek unnecessary adjournments uring the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the Court concerned for compliance.
Certified copy as per rules.
(S.A.Dharmadhikari) JUDGE Prachi Digitally signed by PRACHI MISHRA PRACHI DN: c=IN, o=HIGH COURT OF M.P. BENCH GWALIOR, ou=HIGH COURT OF M.P. BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=cc727abda3453804cde48b1afcb MISHRA 367afdaf978aea111b1ff29eae55fd213bc0 9, serialNumber=c1f6c7b3b2d7fcd4244084 0cf9e7a7c177e01eabe96dbba40d811ece c6e23bc5, cn=PRACHI MISHRA Date: 2018.10.11 11:19:38 +05'30'