Madhya Pradesh High Court
Chhotu @ Vishal Tiwari vs The State Of Madhya Pradesh on 21 June, 2023
Author: Sunita Yadav
Bench: Sunita Yadav
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SMT. JUSTICE SUNITA YADAV
ON THE 21 st OF JUNE, 2023
MISC. CRIMINAL CASE No. 25677 of 2023
BETWEEN:-
CHHOTU @ VISHAL TIWARI S/O RAKESH TIWARI, AGED
ABOUT 20 YEARS, R/O VILLAGE ACHALPURA POLICE
STATION MIHONA, BHIND (MADHYA PRADESH)
.....APPLICANT
(BY MRS. DEEPA CHAUHAN - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION MIHONA, DISTRICT BHIND (MADHYA
PRADESH)
.....RESPONDENT/STATE
( BY MR. DINESH SAVITA - PUBLIC PROSECUTOR)
This application coming on for Admission this day, the court passed the
following:
ORDER
This is the first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail relating to FIR No.27 of 2023 registered at Police Station Mihona, District Bhind (M.P.) for the offence under Sections 394 and 34 of IPC & Sections 11/13 of MPDVPK Act.
As per prosecution story, the allegation against the present applicant is that he alongwith other co-accused persons intercepted the Car of complainant and looted Rs.37,000/- & a mobile phone.
Learned counsel for the applicant argued that the applicant is innocent Signature Not Verified and has been falsely implicated. The applicant is in custody since 08.05.2023. It Signed by: LOKENDRA JAIN Signing time: 6/22/2023 11:14:08 AM 2 is further submitted that since the recovery has already been done, therefore, there is no requirement of further custodial interrogation of the applicant. It is further argued that the co-accused namely Abhishek has already been granted bail by this Court vide order dated 13/06/2023 passed in M.Cr.C. No.23409 of 2023 and the case of present applicant is similar to co-accused. Hence, seeks parity and prays for grant of bail to the applicant.
Per contra, learned counsel for the State has vehemently opposed the bail application and prayed for its rejection.
Heard learned counsel for the rival parties and perused the case diary available on record.
Considering the 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 two solvent sureties 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:-
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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4) The applicant will not commit any other offence or will not repeat the offence in future. In case, if he/she is found involving in theoffence of same nature, this bail Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 6/22/2023 11:14:08 AM 3 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: 6/22/2023 11:14:08 AM