Madhya Pradesh High Court
Mohit @ Monu Shrivastava vs The State Of Madhya Pradesh on 26 October, 2018
1
HIGH COURT OF MADHYA PRADESH
MCRC No.42592/2018
(Mohit alias Monu Shrivastava Vs The State of M.P.)
Gwalior, Dated : 26.10.2018
Shri Lokendra Shrivastava, learned counsel for the
applicant.
Shri R.K.Awasthi, learned Public Prosecutor for the
respondent/State.
With consent heard finally.
The applicant has filed this first application u/S. 439, Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Civil Line, District Datia in connection with Crime No.318/2018 registered in relation to the offences punishable u/Ss. 399, 400, 402 of IPC & Section 11/13 of MPDVPK Act and Section 25/27 of Arms Act.
It is the case of the applicant that being a student, only on the basis of recovery of one mobile and one sword, applicant has been falsely framed by the police. He is a student of B.A.. He is innocent person and never involved in criminal activities. The investigation is pending. The applicant is in custody since 08.10.2018 and trial would take considerable time to conclude, therefore, the applicant may be released on bail.
Learned Public Prosecutor for the respondent/State opposed the prayer and prayed for dismissal of the application.
Heard learned counsel for the parties and perused the case diary.
Considering the submissions advanced by the counsel for the applicant and on perusal of the case diary, without expressing any opinion on the merits of the case, this Court 2 HIGH COURT OF MADHYA PRADESH MCRC No.42592/2018 (Mohit alias Monu Shrivastava Vs The State of M.P.) deems it appropriate to allow this application in the following terms.
It is hereby directed that the applicant shall be released on bail on his furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the 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 acquitted 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 and would not move in the vicinity of the complainant;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The 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; and
7. The applicant will mark his presence on every Monday & Friday before the concerned trial Court between 10:00 AM to 2:00 PM.
A copy of this order be sent to the Court concerned for compliance.
Certified copy as per rules.
(Anand Pathak) Judge AK/-
ANAND KUMAR 2018.10.26 16:48:33 +05'30'