Madhya Pradesh High Court
Sourabh @ Chotu Sharma vs The State Of Madhya Pradesh on 22 November, 2019
Author: Vishal Mishra
Bench: Vishal Mishra
THE HIGH COURT OF MADHYA PRADESH
MCRC-48269-2019
(SOURABH @ CHOTU SHARMA Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated :22/11/2019
Shri Ajay Shankar Dandotia, learned counsel for the
applicant.
Shri R.S. Bansal, Dy. Public Prosecutor for the respondent-
State.
Case diary perused.
The applicant has filed this first application u/S.439, Cr.P.C. for grant of bail.
The applicant has been arrested by Police Station Madhoganj, District Gwalior (M.P.), in connection with Crime No.370/2019 registered in relation to the offence punishable u/Ss.392 of IPC and 11/13 of MPDVPK Act.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter. He has not committed the offence in any manner. The applicant is in custody since 16.9.2019. It is further submitted that in the T.I.P. report, applicant has not been identified by the complainant nothing has been seized from the possession of present applicant. He has further submitted that there is no criminal antecedents again the present application. It is submitted by the counsel for the applicant that the applicant is ready and willing to abide by all the terms and conditions as may be imposed by this Court, therefore, he prays for grant of bail.
THE HIGH COURT OF MADHYA PRADESH MCRC-48269-2019 (SOURABH @ CHOTU SHARMA Vs THE STATE OF MADHYA PRADESH) Learned Public Prosecutor for the respondent/State opposed the prayer and contended that the applicant has actively participated in the commission of offence and there is specific allegations against him. He fairly submits there are two criminal cases of the year 2017 registered against the present applicant that is not grievous in nature. He has further contended that the presence of applicant alongwith other co-accused is duly reflected in the CCTV footage. He has further contended there is nothing seized from the possession of present applicant. Learned Public Prosecutor has further contended that investigation in the matter is pending, therefore, prays for dismissal of the application.
Heard learned counsel for the parties and perused the case diary.
Considering the submissions advanced by the counsel for the applicant and on perusal of the case diary it is seen that there is nothing seized from the possession of the present applicant. The main culprit is of co-accused Akash Jadhav, without expressing any opinion on the merits of the case, this Court deems it appropriate to allow this application in the following terms.
It is hereby directed that the applicant shall be released on THE HIGH COURT OF MADHYA PRADESH MCRC-48269-2019 (SOURABH @ CHOTU SHARMA Vs THE STATE OF MADHYA PRADESH) bail on his furnishing a personal bond of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the concerned 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 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, in case the applicant indulges himself in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled.
5. The applicant will not seek unnecessary adjournments during the trial;
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
7. The applicant shall mark his attendance before the concerned police station in the first week of every month, till conclusion of investigation (pending if any) and if charge sheet is being filed, he will mark his presence as per the directions issued by the concerning trial Court.
In event of failure to comply with any of the terms and conditions, the State Authorities will be at liberty to move for cancellation of bail.
A copy of this order be sent to the Court concerned for compliance.
Certified copy as per rules.
(Vishal Mishra)
vpn Judge
VIPIN KUMAR
AGRAHARI
2019.11.23
13:23:51 +05'30'