Madhya Pradesh High Court
Onkar vs The State Of Madhya Pradesh on 9 July, 2018
1
M.Cr.C. No.25287/2018
High Court of Madhya Pradesh: Bench at Indore
M.Cr.C. No.25287/2018
Onkar vs. state of M.P.
Indore, Dated: 09/7/2018
Shri Vikram Singh Muvel and Shivendra Tiwari, learned
counsel for the applicant.
Shri Bhuwan Gautam, learned Public Prosecutor for the
respondent /State.
This is the first application under Section 439 Cr.P.C., for grant of bail in connection with Crime No.74/2017, registered at Police Station-Bagh, District- Dhar, for commission of the offence punishable under Sections 392, 120-B of the IPC.
As per prosecution case, the complainant along with his friend Sandeep was coming from Bagh to Badwani on a motorcycle having collection money of Rs.60,000/- which was kept in a bag. Thereafter it was alleged that at about 4.15 hours when they reached at Kukshi road near Badkeshwar phate, three unknown persons came there and snatched the bag from the complainant's friend Sandeep and thereafter they fled away.
Learned counsel for the applicant submits that the applicant is not named in the FIR. Only Rs.8000/- has been recovered from the applicant, but the currency has not been identifiable article. Test Identification Parade was arranged, in which the complainant has not identified the applicant. The statement of the complainant has already been recorded before the trial court, in which he has not stated anything against the applicant and has turned hostile. The applicant is in custody since 7/4/2017. Conclusion of the trial will take sufficiently long 2 M.Cr.C. No.25287/2018 time. Under these circumstances, he prays for grant of bail to the applicant.
Learned Public Prosecutor for the State submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant be dismissed.
Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the applicant, but without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) of Cr.P.C.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy, as per rules.
(S. K. Awasthi) Judge moni Moni Digitally signed by Moni Raju DN: c=IN, o=High Court of Madhya Pradesh, ou=Administration, postalCode=452001, st=Madhya Pradesh, Raju 2.5.4.20=6fb601f03d4083a3289219d853 92bac3bde1be8a53bd80aeba7af5a5244 844c1, cn=Moni Raju Date: 2018.07.10 10:41:45 +05'30'