Madhya Pradesh High Court
Vikki @ Vinod vs The State Of Madhya Pradesh on 20 January, 2017
M.Cr.C. No.597/2017
20.01.2017
Shri Sanjay Kumar Sharma, learned counsel for the applicant.
Shri Kshitij Vyas, learned Panel Lawyer for the non-applicant
- State.
Heard. Perused the case diary.
This first application under Section 439 of Cr.P.C. for grant of
bail has been filed by the applicant - Vikki @ Vinod S/o Ashok
Balla, who is implicated in Crime No.619/2016 registered at Police
Station - Bilpank, District Ratlam for the offence punishable under
Sections 399 and 402 of the IPC and Sections 25 and 27 of the
Arms Act and is in custody since 21.12.2016.
As per case diary, during search, one country made pistol has
been recovered from the possession of the applicant and, therefore,
case under Sections 25 and 27 of the Arms Act has been registered
against him. During investigation, prosecution came to the
conclusion that the present applicant and other co-accused persons
were planning to commit dacoity and, therefore, case under
Sections 399 and 402 of the IPC has been registered against the
applicant. It is submitted that except this case, no other criminal
case is pending against the applicant. Investigation is at the verge
of completion and no further interrogation from the applicant is
required and prays for grant of bail.
On the other hand, learned Panel Lawyer opposed the prayer
and submits that except this case, no other criminal case is pending
against the applicant and prays for its rejection.
On due consideration of the aforesaid and material evidence
available in the case diary, without expressing any opinion on the
merits of the case, I allow this bail application and it is directed that
the applicant - Vikki @ Vinod shall be released on bail subject to
his furnishing a personal bond in the sum of Rs.50,000/- (Rupees
Fifty thousand only) with one local surety in the like amount to the
satisfaction of the concerned JMFC/CJM for his regular appearance
before him or trial Court on all dates of hearing as may be fixed in
this behalf by the Court concerned during trial. It is also directed
that the applicant shall abide by all the conditions enumerated under
Section 437 (3) of the Cr.P.C. This order will remain operative
subject to compliance of the following conditions :-
1.The applicant will report to the Police Station Bilpank, Ratlam once in a week on every Monday of the month between 10.00 AM to 12.00 Noon unless required to attend the office of the Investigation Officer on that day.
2. The applicant will comply with all the terms and conditions of the bond executed by him.
3. The applicant will cooperate in the investigation/trial, as the case may be;
4. 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;
5. The applicant shall not commit an offence similar to the offence of which he is accused.
6. The applicant will not seek unnecessary adjournments during the trial and
7. The applicant will not leave India without previous permission of the Trial Court/Investigating Officer, as the case may be.
M.Cr.C. No.597/2017 is allowed and stands disposed of. Certified copy as per rules.
(P. K. Jaiswal) Judge gp