Madhya Pradesh High Court
Chinga @ Vijendra vs The State Of Madhya Pradesh on 15 May, 2017
MCRC-5039-2017
(CHINGA @ VIJENDRA Vs THE STATE OF MADHYA PRADESH)
15-05-2017
Shri Prashant Goyal counsel for the applicant.
Shri Prakhar Dhengula, PL for the respondent/state.
Case diary is available.
This is first bail application under Section 439 of Cr.P.C. The applicant has been arrested on 8.2.2017 in connection with Crime No.58 of 2017 registered by PS, Thatipur District Gwalior for the offence under Section 379 of IPC.
It is submitted by counsel for the applicant that the applicant is a young boy aged about 19 years and he has been falsely implicated in this case. Although the prosecution has shown that a motorcycle was seized from the possession of the applicant while he was trying to flew away after stealing the motorcycle but he is in jail for last more than three months and his incarceration will spoil his career. It is further submitted that the applicant is ready and willing to abide by any condition which may be imposed by this court. It is further submitted that so far as other criminal cases are concerned, they are still pending. In this case, no witness was examined on 22.3.2017 and the next date of examination of the witnesses is 23.5.2017. There is no possibility of his absconding or tampering with the prosecution case. Under these circumstances, applicant prays for bail.
The application is opposed by the State Counsel. It is submitted by counsel for the State that the applicant has a criminal past and therefore, in case if the bail is granted, then, some stringent conditions may be imposed.
Considering the facts and circumstances of the case and without expressing any view on the merits of the case, I am of the view that application under Section 439 of Cr.P.C. filed by the applicant may be accepted. Consequently, it is hereby allowed. It is directed that the applicant namely Chhinga alias Vijendra be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty thousand only) with a surety bond of the same amount to the satisfaction of the trial Court to appear before the trial Court on the dates given by the concerned Court. It is further directed that the applicant shall appear before the Police Station Thatipur District Gwalior on 1st and 15th of every month till final disposal of the Trial. In case of bail jump or non- appearance of the applicant before the Police Station Thatipur District Gwalior on the specified dates, this order shall loose its effect.
With aforesaid observation, the application is allowed. Certified copy as per rules.
(G.S. AHLUWALIA) JUDGE Rks