Madhya Pradesh High Court
Suraj Singh Tomar vs The State Of Madhya Pradesh on 4 September, 2017
MCRC No. 8968/2017
Suraj Singh Tomar v. State of M.P.
4/9/2017
Shri S.S. Chahar, learned counsel for the
applicant.
Shri S.S. Dhakad, learned Public Prosecutor for
the respondent/State.
Learned counsel for the rival parties are heard and case diary perused.
The applicant has filed this forth application under Section 439 of CrPC for grant of bail. The applicant has been arrested by Police Station Gwalior, District Gwalior (M.P.) in connection with Crime No. 565/2016 registered in relation to the offences punishable under Section 392 of IPC and Section 11/13 of MPDVPK Act.
Learned counsel for the applicant submits that the applicant is a reputed citizen of the locality, who has no criminal past alleged against him. In the present case, no named FIR has been lodged. In the test identification parade (T.I.P.), he could not be identified. It is alleged that a sum of Rs.1,000/- has been recovered from the possession of the applicant but the such sum was not identifiable unless number of currency notes have been given in the FIR. Although, some documents related to the complainant are alleged to have been recovered from the possession of the applicant but it is not possible MCRC No. 8968/2017 Suraj Singh Tomar v. State of M.P. that he could have kept these documents for a period of six months of the alleged incident. Complainant Rajendra Prasad Jain, eye-witnesses Bhagawati Agrawal, Arvind Kumar, Chhedilal and Lakhan Singh have been examined and they have stated nothing against the applicant. The applicant is in custody since 9/3/2017 and the conclusion of trial will take time. There is no likelihood of the absconsion of applicant. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.
Learned counsel for the State opposed the application and prayed for its rejection by contending that on the basis of allegation and material available on record, no case for grant of bail is made out.
After considering the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case, without expressing any opinion on the merits of the case, I am of the view that application under Section 439 of the Cr.P.C. filed by the applicant may be accepted. Consequently, it is hereby allowed. It is directed that the applicant be released on bail on his furnishing 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 the trial Court MCRC No. 8968/2017 Suraj Singh Tomar v. State of M.P. for his regular appearance before the trial Court on the condition that he shall remain present before the Court concerned during the trial and shall also comply with the conditions enumerated under Section 437 (3) of CrPC and so also as imposed by the trial Court.
This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.
A copy of this order be sent for compliance to the Court concerned.
Certified copy as per rules.
(S.K. Awasthi) Judge AKS