Madhya Pradesh High Court
Umesh vs The State Of Madhya Pradesh on 25 February, 2016
MCRC-1044-2016
(UMESH Vs THE STATE OF MADHYA PRADESH)
25-02-2016
Shri Amit Bhatia, learned counsel for the applicant.
Smt. Mamta Shandilya, Dy.G.A. for the non-applicant/State.
ORDER
This is first bail application under 439 of Cr.P.C.. The applicant is arrested in connection with Crime No.34/2015 registered at P.S. Dwarkapuri, Indore for the offence punishable under Sections 457 and 380 of the IPC.
2. As per prosecution case, in the intervening night of 20-21/7/2015, some unknown persons committed theft of jewellery, set-top box and cash of Rs.40,000/- from the house of the applicant. During investigation on the basis of memo of applicant, Charger, adopter and saree has been seized.
3. Learned counsel for the applicant submits that applicant is not named in the FIR. He has falsely been implicated on the basis of memo of co-accused. Applicant has no criminal history. The offence is triable by JMFC. The applicant is in custody w.e.f. 20.09.2015 and the conclusion of trial will take time, hence prayed for release of the applicant
4. Learned Government Advocate appearing for non- applicant/State opposed the bail application and prayed for its rejection.
5. Perused the case diary. Taking into consideration that applicant is not named in the FIR coupled with the fact that applicant is under custody for more than 5 months and the offence is triable by JMFC, without commenting on merits of the matter, this bail application is allowed and it is ordered that the applicant be released on bail subject to his furnishing a personal bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) along with one surety in the like amount to the satisfaction of the concerned Trial Court for his appearance before the said Court on all dates as may be fixed in this behalf. This order will remain operative subject to compliance of the following conditions by the applicant :-
1. 1. The applicant will comply with all the terms and conditions of the bond executed by him/her;
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3. 2 . T h e a p p l i c a n t w i l l c o - o p e r a t e i n t h e investigation/trial, as the case may be;
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5. 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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
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7. 4. The applicant shall not commit an offence similar to the offence of which he/she is accused;
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9. 5. The applicant will not seek unnecessary adjournments during the trial; and
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11. 6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
6. A copy of this order be sent to the Court concerned for compliance.
C.C. as per rules.
(D.K. PALIWAL) JUDGE