Madhya Pradesh High Court
Dharmendra Singh @ Abhishek Parmar vs The State Of Madhya Pradesh Thr on 14 May, 2018
THE HIGH COURT OF MADHYA PRADESH
1
MCRC 17009/2018
(Dharmendra Singh @ Abhishek Parmar VS The State of Madhya Pradesh)
1
Gwalior, Dated : 14/05/2018
Shri Rajmani Bansal, learned counsel for the
applicant.
Shri Pramod Pachori, learned 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 under section 439 of the Cr.P.C. for grant of bail.
The applicant has been arrested by Police Station Gwalior (M.P.) in connection with Crime No.86/2018 registered in relation to the offences punishable under section 392 of IPC and Sections 11/13 of the M.P.D.P.K Act.
Prosecution story in nutshell is that complainant Suneel Lahariya lodged a complaint to the effect that on 21/02/2018 at about 8.00 pm, when he was going to the house, he received call on mobile phone, therefore, he was taking by standing besides the road. At that time, two unknown persons riding a motorcycle came near him and snatched the mobile phone and ran away.
Learned counsel for the applicant submits that he is not directly or indirectly involved in the crime and he has falsely been implicated and no TIP has been conducted. The offence is triable by the JMFC. The applicant is a student and in jail since 2018 and if he is not released on bail, his future would be destroyed. Applicant has no THE HIGH COURT OF MADHYA PRADESH 2 MCRC 17009/2018 (Dharmendra Singh @ Abhishek Parmar VS The State of Madhya Pradesh) criminal antecedents and he is ready to abide all the terms and conditions which may be imposed by this Court.
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.
However, it would not be desirable to enter into the merits of the rival contentions at this juncture. Considering the facts and circumstances of the case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.
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 in the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned 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 THE HIGH COURT OF MADHYA PRADESH 3 MCRC 17009/2018 (Dharmendra Singh @ Abhishek Parmar VS The State of Madhya Pradesh) 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 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 case may be.
A copy of this order be sent to the Court concerned for compliance.
C.C. as per rules.
(S.A.Dharmadhikari) JUDGE Prachi Digitally signed by PRACHI MISHRA Date: 2018.05.15 17:34:39 +05'30'