Madhya Pradesh High Court
Pawan Gupta vs The State Of Madhya Pradesh Thr on 20 April, 2018
THE HIGH COURT OF MADHYA PRADESH
MCRC-13345-2018
(PAWAN GUPTA Vs THE STATE OF MADHYA PRADESH THR)
Gwalior, Dated : 20-04-2018
Shri J.P. Mishra, learned counsel for the petitioner.
Shri Ravindra Singh Kushwah, learned Public Prosecutor, for
the respondent/State.
Case Diary is perused.
sh Learned counsel for the parties are heard. This is second bail application under Section 439 of Cr.PC for grant of bail.
e ad Petitioner Pawan Gupta, has been arrested on 13.03.2018 in connection with Crime No. 177/2018 registered by Police Station Pr Janakganj, District Gwalior in relation to the offences punishable a under Sections 379 of IPC.
hy It is petitioner's contention that he has been falsely implicated.
ad Vehicle has been recovered from one Sonu Batham but name plate has been shown to have been recovered from the present petitioner. His M name has been included on the basis of memorandum recorded under of Section 27 of the Evidence Act given by Sonu Batham.
Application is opposed by State Counsel that there is a criminal rt past and investigation is yet not complete. ou List of cases which have been registered against him have been C discussed by the 5th Additional District Judge. One is under NDPS Act, three under M.P. Excise Act and four under MPDVPK Act. h ig Learned counsel for the petitioner submits that petitioner has H already acquitted in most of the cases. He has been implicated by the Police in any case took place in the locality. Looking to the fact that petitioner has been arrested on 13.03.2018 and he submits that since vehicle has not been seized from him, he is innocent, therefore, he prays for grant of bail.
Looking to the facts that the petitioner the vehicle has not been seized from the petitioner, without expressing any opinion on the merits of case, this application is allowed and it is directed that on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) along-with two solvent sureties of same amount to the satisfaction of concerned trial Court, the petitioner shall be released on bail, with a direction that he shall remain present on each and every date of the trial before the trial Court concerned and shall abide by all the terms and conditions enumerated under Section 437 High Court of Madhya Pradesh (3) of CrPC.
His single non-appearance shall cancel his bail automatically by the trial court concerned, without any further order of this Court.
Certified copy as per rules.
(VIVEK AGARWAL) sh JUDGE e ad mani Pr a hy Digitally signed by SUBASRI MANI ad Date: 2018.04.20 18:40:01 -07'00' M of rt ou C h ig H