Madhya Pradesh High Court
Anil @ Annu vs The State Of Madhya Pradesh on 31 January, 2022
Author: Rajeev Kumar Shrivastava
Bench: Rajeev Kumar Shrivastava
01 HIGH COURT OF MADHYA PRADESH
MCRC No.3180/2022
(Anil @ Annu Vs. State of M.P.)
Gwalior, Dated: 31/1/2022
Heard through video conferencing.
Shri Pradeep Katare, learned counsel for the applicant.
Shri Purshottam Tanwar, learned Panel Lawyer for respondent-
State.
This is first application under Section 439 of CrPC for grant of bail.
The applicant is in custody since 09/1/2022 in connection with Crime No.693/2018 registered at Police Station Murar, District Gwalior for offence under Sections 392 and 412 of IPC and Sections 11, 13 of MPDVPK Act.
It is submitted by learned counsel for applicant Anil @ Annu that the the applicant has been falsely implicated. He has not committed any offence. Applicant has been made an accused in this case only on the basis of memorandum given by the co-accused. It is further submitted that the applicant is in custody since 09/1/2022 and trial will take long time to conclude. Hence, prayed for grant of bail to the applicant.
Per contra, learned State counsel vehemently opposed the bail application and has submitted that one mobile phone has been recovered from the possession of the applicant along with other co- accused person. Hence, prayed to reject the bail application.
Heard learned counsel for the rival parties and perused the 02 HIGH COURT OF MADHYA PRADESH MCRC No.3180/2022 (Anil @ Annu Vs. State of M.P.) materials available on record.
Considering the facts and circumstances of the case and without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.75,000/- (Rs. Seventy Five Thousand only) with one surety in the like amount to the satisfaction of the Trial Court/ Committal Court for his regular appearance before the Court on the dates given by the concerned 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 his;
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 them 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 of which he is accused;
5. The applicant will not move in the vicinity of
03 HIGH COURT OF MADHYA PRADESH MCRC No.3180/2022 (Anil @ Annu Vs. State of M.P.) complainant party and applicant will not seek unnecessary adjournments during the trial;
6 . The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and
7. The applicant shall mark his presence before the SHO of the concerning police station on 1 st of every month till conclusion of the trial.
Application stands allowed and disposed of. E- copy of this order be sent to the trial Court concerned for Compliance.
Certified copy/ e-copy as per rules/direction. ALOK KUMAR 2022.02.01 10:58:11 +05'30' (Rajeev Kumar Shrivastava) 11.0.8 Judge AKS