Madhya Pradesh High Court
Ramautar Dhakad vs The State Of Madhya Pradesh on 4 June, 2018
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THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.20987/2018
(Ramautar vs. State of MP)
Gwalior, dated : 04.06.2018
Shri Mukesh Sharma, Advocate for the applicant.
Shri N.S. Kirar, Public Prosecutor for the
respondent/State.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this first bail application u/S. 439, Cr.P.C. for grant of bail. The allegation against the applicant is that firearms have been recovered from his possession.
The applicant has been arrested on 13.05.2018 by Police Station Sarai Chhola, District Morena in connection with Crime No.50/2018 registered in relation to the offence punishable u/Ss. 25/27 of Arms Act.
Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.
Though the investigation is pending but considering the facts that the applicant is in custody since 13.05.2018 and looking to the nature of offence, further custodial interrogation may not be necessary and that the early conclusion of the trial is a bleak possibility and prolonged pre-trial detention is anathema to the concept of liberty and material placed on record does not discloses the possibility of the applicant fleeing from justice, this Court is though inclined to extend the -2- THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.20987/2018 (Ramautar vs. State of MP) benefit of bail to the applicant but with certain stringent condition in view of pending of investigation and since there is offence constituted criminal antecedents.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with two solvent sureties, each of Rs.25,000/- to the satisfaction of the concerned 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 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;
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 -3- THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.20987/2018 (Ramautar vs. State of MP) case may be.
7. The applicant shall mark his attendance at the concerned Police Station once a week till conclusion of the investigation.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(Sheel Nagu) Judge suneel SUNEEL DUBEY 2018.06.05 12:17:01 +05'30'