Madhya Pradesh High Court
Bheem Alias Bheemsen Jatav vs The State Of Madhya Pradesh on 28 April, 2022
Author: Rajeev Kumar Shrivastava
Bench: Rajeev Kumar Shrivastava
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
MCRC No. 21142 of 2022
(BHEEM ALIAS BHEEMSEN JATAV Vs THE STATE OF MADHYA PRADESH)
Dated : 28-04-2022
Shri Kaushal Purohit, learned counsel for the applicant.
Ms. Anjali Gyanani, learned Public Prosecutor for the respondent-State.
The applicant has filed this first application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 25/12/2021 by Police Station Murar, District Gwalior (M.P.) in connection with Crime No.1021/2021 registered for offences under Sections 399, 400, 402 of IPC, Sections 11, 13 of the MPDVPK Act and Sections 25, 27 of the Arms Act.
It is submitted by learned counsel for the applicant that the applicant has not committed any offence. He has falsely been implicated in this case. Applicant is in custody since 25/12/2021. The allegations levelled against the present applicant are false. The applicant is aged around 20 years and the only bread earner of his family. If he is kept in custody, his family members will face starvation. It is further submitted that the case of present applicant is same as of co-accused Dharmveer Jatav who has already been granted bail by this Court vide order dated 16/12/2021 passed in M.Cr.C. No.61772/2021. Trial will take its own time. Applicant is ready and willing to abide by any condition which may be imposed by this Court. Hence, seeks parity with Dharamveer Jatav and prays for grant of bail to the present applicant.
Learned State counsel has vehemently opposed the application and has submitted that there are 14 cases registered against the applicant, hence, prayed to reject this application filed for grant of bail to the applicant.
Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the case diary.
Considering the arguments advanced by learned counsel for the parties as well as facts and circumstances of the case and the fact that co-accused Dharamveer Jatav who has already been granted bail by this Court and trial will take its own time, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on 2 his furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety in the like amount to the satisfaction of the Court concerned for his regular appearance before the trial Court concerned on the dates fixed by it.
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 them from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit any kind of offence. In case o f commission of any kind of offence, this bail order shall automatically stand cancelled;
5 . The applicant will not move in the vicinity of 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;
7. The applicant shall mark his presence before the SHO of conce rning police station once in every fortnight (every fifteen days) till conclusion of trial.
Application stands disposed of in above terms. Let a copy of this order be sent to the trial Court concerned for compliance. Certified copy/ e-copy as per rules/directions.
(RAJEEV KUMAR SHRIVASTAVA) JUDGE Prachi PRACHI MISHRA 2022.04.29 10:28:18 +05'30'