Madhya Pradesh High Court
Vikram Sharma vs The State Of Madhya Pradesh on 19 December, 2016
1
M.Cr.C. No.14038/2016
(Vikarm Sharma Vs. State of M.P.)
19/12/2016
Shri K.P. Mishra, learned counsel for the applicant.
Shri R.S. Sharma, learned Public Prosecutor for the
respondent/State.
The present application under Section 439 of Cr.P.C. has been preferred by the applicant. The applicant is in confinement since 04/09/2016 in connection with Crime No.471/2016 registered at Police Station Dehat District-Bhind for the offence punishable under Section 420, 466, 467, 468, 471, 474, 196, 197, 199 and 120-B of IPC.
As per prosecution story, the present matter relates to interpolation of certain documents in respect of an accused. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case and he has been framed by the prosecution for no reason. The applicant is brother of one Rudraksh Sharma, who happens to be an accused in another case facing charge of Section 302 of IPC alongwith other offences. He further submits that charges levelled against the present applicant has no nexus with the applicant because applicant in no manner was holding any post or authority to get the documents interpolated. He further submits that charge-sheet has been filed against the present applicant on dated 18/11/2016 and he is behind the bar since 04/09/2016.
Learned Public Prosecutor for the State opposed the bail application and submits that charge-sheet has been filed and no custodial interrogation is required in respect of the applicant.
Heard the learned counsel for the parties and perused the case diary.
Considering the submissions of the learned counsel for the applicant as well as the fact that charge-sheet has been filed and no further custodial interrogation of the applicant is required. Similarly, looking to the fact that the matter pertains to 2 M.Cr.C. No.14038/2016 (Vikarm Sharma Vs. State of M.P.) interpolation of documentary evidence and therefore, there is no chance to affect the evidence adversely, and in the interest of justice, without expressing any opinion on the merits of the case, this Court deem it fit to allow the bail application but with certain stringent conditions.
(1) It is directed that the applicant-Vikram Sharma be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-
(Rs. Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court concerned;
2. The applicant will comply with all the conditions enumerated under Section 437(3) of Cr.P.C. and so also as imposed by the trial Court.
3. The applicant will cooperate in the investigation/trial, as the case may be;
4. 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;
5. The applicant shall not commit an offence similar to the offence of which he is accused;
6. The applicant will not seek unnecessary adjournments during the trial; and
7. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
8. This order shall be effective till the end of the trial but in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(Anand Pathak) Judge vc