Madhya Pradesh High Court
Sadab vs The State Of Madhya Pradesh on 17 June, 2014
M.Cr.C. No. 4 3 4 8 / 2 0 1 4 (Sadab Vs. State of M.P.)
1
17.6.2014.
Applicant by Shri Rajeev Sharma, Advocate.
Respondent/State by Ku. Nutan Saxena, Public
Prosecutor.
Heard.
This is first application under Section 439 of Cr.P.C. The applicant has been arrested in Crime No.155/2014 registered at Police Station Ganjbasoda, District Vidisha for the offence punishable under Sections 393 of IPC.
According to prosecution case, applicant along with Udai Tawar and Kamlesh tried to commit robbery on the point of Katta and complainant and his servant raised alarm then they fled away towards bus stand. Complainant has telephoned the police thereafter the police caught the applicant and registered a case.
Learned counsel for the applicant submits that applicant has falsely been implicated in the case. He has not committed any offence. Learned counsel further submits that co-accused Kamlesh has been enlarged on bail vide order dated 2.5.2014 passed in M.Cr.C.No.3639/2014 and the case of the applicant is similar to that of co-accused Kamlesh. Charge-sheet has been filed. The applicant is under custody since 22.2.2014. There is no criminal antecedents of the applicant. Hence, prayed for bail.
The prayer is opposed by learned Public Prosecutor. Case diary perused.
M.Cr.C. No. 4 3 4 8 / 2 0 1 4 (Sadab Vs. State of M.P.) 2 Considering the allegation against the applicant coupled with the fact that there is no criminal antecedents and on the ground of parity with the co-accused Kamlesh, who has been enlarged on bail, but without commenting anything on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of 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/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 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 M.Cr.C. No. 4 3 4 8 / 2 0 1 4 (Sadab Vs. State of M.P.) 3 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.
(D.K.Paliwal) Judge pawar/-