Madhya Pradesh High Court
Vinod Kumar Sharma vs The State Of Madhya Pradesh on 9 January, 2019
The High Court of Madhya Pradesh
MCRC 636/2019
(Vinod Kumar Sharma Vs. State of M.P.)
Gwalior dated 09.01.2019
Shri R.P. Gupta, learned counsel for the applicant.
Shri Ankur Mody, learned Additional Advocate General
for the respondent/State.
Case diary is perused.
Learned counsel for the rival parties are heard. This is 1st application u/S. 439 Cr.P.C. filed by the applicant for grant of bail.
The applicant has been arrested on 16.12.2018 by Police Station Bahodapur, District Gwalior in connection with Crime No. 906/2018, registered in relation to the offences punishable u/Ss. 419, 420 and 384 of IPC.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in this matter. He is relative of the complainant. There is prior enmity between them with regard to financial transaction. Neither the applicant has forged on any document nor extorted the complainant. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant Per contra, leaned counsel for the State opposed the application and prayed for its rejection by contending that the applicant has committed the offence under Section 419, 420, 384 of IPC. Previously one letter was received by the complainant which was verified by S.T.F. Head Quarter, Bhopal and it was found that the same was forged and no letter was issued from the STF. Thereafter present applicant has manipulated the facts and has committed the offence. It is further submitted that investigation in the matter is still pending.
Perused the record.
In view of above and looking to the period of custody and the fact that early conclusion of the trial is a bleak possibility and prolonged pre-trial detention is anathema to The High Court of Madhya Pradesh MCRC 636/2019 (Vinod Kumar Sharma Vs. State of M.P.) the concept of liberty and the material placed on record do not disclose possibility of the applicant fleeing from justice, 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 his furnishing personal bond in the sum of Rs.50,000/- (Rs. 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 the 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/her 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 she 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 for compliance to the Court concerned.
Certified copy as per rules.
(Rajeev Kumar Shrivastava) Judge neetu NEETU SHASHANK 2019.01.09 04:18:07 -08'00'