Madhya Pradesh High Court
Kallu @ Jitendra Singh vs The State Of Madhya Pradesh Thr on 12 November, 2018
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THE HIGH COURT OF MADHYA PRADESH
Mcrc.39779/18
(Kallu @ Jitendra Singh Vs. State of M.P.)
Gwalior Dt. 12/11/18
Shri L.P.Shrivastava, Advocate for the petitioner.
Shri Prakhar Dengula, Public Prosecutor for the State.
Case Diary is perused.
Learned counsel for the rival parties are heard.
The petitioner has filed this first application u/S. 439 of Cr.P.C.
for grant of bail.
The petitioner has been arrested on 5/8/2018 by Police Station
Gohad, District Bhind (M.P.) in connection with Crime No. 196/18,
registered in relation to the offence punishable u/Ss. 399, 400, 402
IPC, Sec. 25/27 of the Arms Act and Sec. 11/13 of the MPPDVPK Act.
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.
The petitioner is alleged with offence of assembling and
preparing for dacoity where illicit firearm alongwith some live rounds
has been recovered. Though the petitioner has criminal antecedents
but considering the fact that charge-sheet is filed after conclusion of
investigation and the fact that trial is not likely to conclude in the
near future and prolonged pre-trial detention being an anathema to
the concept of liberty, this court though is inclined to extend the
benefit of bail to the petitioner but with certain stringent conditions in
view of criminal antecedents.
Accordingly, without expressing any opinion on merits of the
case, this application is allowed and it is directed that the petitioner
be released on bail on furnishing a personal bond in the sum of
Rs. 50,000/- (Rs. Fifty Thousand only) with two solvent
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sureties each of Rs. 25,000/- to the satisfaction of the concerned
Trial Court.
This order will remain operative subject to compliance of the
following conditions by the petitioner :-
1.The petitioner will comply with all the terms and conditions of the bond executed by him;
2. The petitioner will cooperate in the investigation/trial, as the case may be;
3. The petitioner 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 petitioner shall not commit an offence similar to the offence of which he is accused;
5. The petitioner will not seek unnecessary adjournments during the trial; and
6. The petitioner will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. The petitioner will mark his presence before the concerned trial court once every fortnight.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(Sheel Nagu)
(Bu) Judge
DHANANJAYA
BUCHAKE
2018.11.12
16:50:52 +05'30'