Madhya Pradesh High Court
Neeraj Sharma vs The State Of Madhya Pradesh on 1 April, 2019
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C-11687-2019
(NEERAJ SHARMA Vs THE STATE OF MADHYA PRADESH )
Gwalior, Dated : 01/04/2019
Shri Arun Barua, learned counsel for the applicant.
Shri Manoj Dwivedi, learned Public Prosecutor for the
respondent-State.
This is third bail application u/S.439 of the Cr.P.C. Filed by the applicant for grant of bail. Earlier bail application was dismissed on merits vide order dated 02.01.2019 passed in M.Cr.C No. 51582/2018 with liberty to come again after examination of the complainant or if the trial gets further delayed for the reasons not attributed to the applicant.
The applicant has been arrested on 05/06/2018 by Police Station Subashpura, District Shivpuri in connection with Crime No.93/2016 registered in relation to the offence punishable u/Ss. 392 of IPC read with Sec. 11/13 of M.P.D.V.P.K Act and Sec. 25/27 of Arms Act.
Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.
New ground raised herein is that complainant-Shahid Khan THE HIGH COURT OF MADHYA PRADESH M.Cr.C-11687-2019 (NEERAJ SHARMA Vs THE STATE OF MADHYA PRADESH ) (PW/1) has been examined on 14/03/19. Copy of deposition is brought on record. Therefore, the release of the applicant shall not be at the risk of influencing prosecution story. Applicant has suffered more than nine months of incarceration.
Since principal prosecution witnesses has been examined, further custodial interrogation may not be necessary and the early conclusion of the trial is a bleak possibility and prolonged pre-trial detention is anathema to the concept of liberty and the material placed on record does not discloses the possibility of the applicant fleeing from justice.
In view of the above, this Court is though inclined to extend the benefit of bail to the applicant but with certain stringent condition in view of criminal antecedents.
Accordingly, 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.1,00,000/- (Rs. One Lac only) with two solvent sureties 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 :-
THE HIGH COURT OF MADHYA PRADESH M.Cr.C-11687-2019 (NEERAJ SHARMA Vs THE STATE OF MADHYA PRADESH )
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 shall not commit an offence similar to the offence of which he is accused;
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.
7. The applicant will mark his attendance at the concerned trial court once every fortnight.
A copy of this order be sent to the Court concerned for compliance.
(Sheel Nagu) JUDGE LJ* LOKENDRA JAIN 2019.04.01 18:08:01 +05'30'