Madhya Pradesh High Court
O. P. @ Upendra Singh Bhadoriya vs The State Of Madhya Pradesh on 27 March, 2019
HIGH COURT OF MADHYA PRADESH
M.Cr.C.No.8315/2019
O.P. Alias Upendra Singh Bhadoriya Vs. State of M.P.
Gwalior Bench: Dated: 27/03/2019
Shri D.R. Sharma, learned counsel for the applicant.
Shri Sushant Tiwari, learned Public Prosecutor for the
respondent/State.
Shri M.S. Dubey, learned counsel for the complainant. The applicant has filed this first application under Section 439 Cr.P.C. for grant of bail. The applicant has been arrested on 01-10- 2018 by Police Station Maharajpura, District Gwalior in connection with Crime No.362/2018 registered in relation to the offence punishable u/Section 302, 201, 34, 394, 397, 398 of IPC, under Section 11/13 of the M.P.D.V.P.K. Act and under Section 25/27 of the Arms Act.
It is submitted by learned counsel for the applicant that it is the case of false implication. He is suffering incarceration only on the basis of last seen theory, allegations are levelled against the applicant whereas the witness Chhotu Chauhan does not corroborate the movement of applicant along with other co-accused Arun Singh Chauhan. Chain of circumstantial evidence is not complete to implicate the applicant. After arrest of the applicant on 01-10-2018, TIP has been conducted on 26-10-2018. Initially in FIR no reference of jewellery of the deceased finds place but later on part of jewellery has been seized from the possession of the appellant just to implicate HIGH COURT OF MADHYA PRADESH M.Cr.C.No.8315/2019 him on false pretext. Even otherwise charge-sheet has already been filed. He is suffering incarceration for six months. He undertakes to cooperate in trial and would make himself available for trial on all dates. He further undertakes that he would not intimidate or coerce the complainant or any witnesses of the case in any manner. Under these circumstances, he prays for bail.
Learned counsel for the respondent/State opposed the prayer and prayed for dismissal of bail application.
Heard the learned counsel for the parties and perused the case diary.
Considering the submissions advanced, looking to the facts and circumstances of the case, but without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing fresh personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only), with a solvent surety of the like amount to the satisfaction of Trial Court concerned.
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 from disclosing such facts to the Court or to the Police Officer, as the case may be.
4. The applicant will not commit an offence similar to the offence of which he is accused;
HIGH COURT OF MADHYA PRADESH M.Cr.C.No.8315/2019
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.
(Anand Pathak) Judge Anil* Digitally signed by ANIL KUMAR CHAURASIYA Date: 2019.03.28 06:58:43 +05'30'