Roby@Sandeep@Rocky vs The State Of Madhya Pradesh on 26 October, 2023

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Madhya Pradesh High Court

Roby@Sandeep@Rocky vs The State Of Madhya Pradesh on 26 October, 2023

Bench: Sunita Yadav

                                                              1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                      BEFORE
                                         HON'BLE SMT. JUSTICE SUNITA YADAV
                                               ON THE 26 th OF OCTOBER, 2023
                                          MISC. CRIMINAL CASE No. 47946 of 2023

                           BETWEEN:-
                           ROBY@SANDEEP@ROCKY S/O SHRI SATENDRA SINGH
                           TOMAR, AGED ABOUT 21 YEARS, OCCUPATION:
                           STUDENT, R/O GRAM SHYAMPUR KHURD TEHSIL
                           AMBAH, DISTT. MORENA (MADHYA PRADESH)

                                                                                            .....APPLICANT
                           (BY MR. SATENDRA SINGH SIKARWAR - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION THATIPUR DISTRICT GWALIOR (MADHYA
                           PRADESH)

                                                                                  .....RESPONDENT/STATE
                           (BY MR. PPS BAZEETA - DY. PUBLIC PROSECUTOR)

                                 This application coming on for Admission this day, the court passed the
                           following:
                                                               ORDER

The applicant has filed this First application u/S 439, Cr.P.C. for grant of bail. The applicant has been arrested on 17/07/2023 by Police Station Thatipur, District Gwalior in connection with Crime No. 305 of 2023 registered for the offence punishable under Sections 392, 341, 323 and 34 of IPC and Section 11/13 of MPDVPK Act.

As per prosecution story, on 28.05.2023 at about 11.50 in the night the co- accused persons committed robbery of black Apache motorcycle from the complainant. During the investigation, it was found that the present Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 10/27/2023 10:05:00 AM 2 applicant/accused did reiki for the crime and gave relevant information to the co-accused persons and thereby assisted them to commit the crime.

Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated. The FIR is lodged against unknown persons. He has been arrayed as an accused on account of memorandum of co-accused- Amardeep. The looted motorcycle was seized from possession of co-accused-Amardeep in Crime No.159 of 2023 registered at Police Station Noorabad, District Morena, therefore, further custodial interrogation of the applicant may not be required. The co-accused person namely, jayram Tomar has already been granted bail by this Court vide order dated 17.10.2023 passed in M.CrC. No.46286 of 2023 and the case of present applicant/accused is on better footing. The applicant is under custody since 14/07/2023. The applicant is permanent resident of District Morena. Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, he prays for grant of bail to the applicant.

O n the other hand, learned State counsel vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the overall facts and circumstances of the case, but 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/- (Rupees Fifty Thousand only) with one local solvent surety in the like amount to the satisfaction of the trial Court/committal Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 10/27/2023 10:05:00 AM 3

1) The applicant will comply with all the terms and conditions of the bond executed by him/her;

2) The applicant will cooperate in the investigation/trial, as the case may be;

3) The applicant will not indulge himself/herself 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 any other offence during pendency of the trial, failing which, this bail order shall stand cancelled automatically without further reference to the Bench.

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.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.

(SUNITA YADAV) JUDGE (LJ*) Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 10/27/2023 10:05:00 AM

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