Madhya Pradesh High Court
Jandel @ Hansram vs The State Of Madhya Pradesh on 20 November, 2014
M.Cr.C.No.8606/2014 (Jandel alias Hansram Vs. State of M.P.)
20.11.2014.
Applicant by Shri Pooran Kulshrestha, Advocate.
Respondent/State by Shri Pramod Pachori, Public
Prosecutor.
Heard.
This is first bail application under section 439 of Cr.P.C. The applicant has been arrested in connection with Crime No.122/2014 registered at Police Station Dimni, District Morena for the offences punishable under Section 395 of IPC read with section 11/13 of M.P.D.V.P.K. Act.
As per prosecution case, the complainant, who was the supervisor, alongwith other employees was sleeping at the plant of RNS Builders after taking meal. In the night at about 1-1.30 a.m. 8-10 unknown persons armed with guns and Lathi came and surrounded the plant. After giving beating to the complainant and one employee Sairam, they took out Rs.20,000/- from the drawer of the table. They also snatched Rs.7,000/- from other employees. Thereafter, the accused persons locked the complainant and others in tin-shed. They also took away two motorcycles.
Learned counsel for the applicant submits that applicant has falsely been implicated in the case. He has not committed any offence. Learned counsel further submits that the applicant is in custody since 31.8.2014. Learned counsel further submits M.Cr.C.No.8606/2014 (Jandel alias Hansram Vs. State of M.P.) that co-accused Veeru alias Lekhraj has been granted bail vide order dated 18.11.2014 passed in M.Cr.C.No.7108/2014 and the case of the present applicant is identical to that of co-accused. In such premises on the ground of parity, the applicant prayed for bail.
The prayer is opposed by learned Public Prosecutor. Case diary perused.
Considering the facts and circumstances of the case and keeping in view of the argument of the learned counsel for the applicant and looking to the fact that co-accused has already been enlarged on bail, but without expressing any view on the merits of the case, this application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of 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 M.Cr.C.No.8606/2014 (Jandel alias Hansram Vs. State of M.P.) 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;
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.
A copy of this order be sent to the Court concerned for compliance.
C.C. as per rules.
(Sushil Kumar Gupta ) Judge pawar/-