Madhya Pradesh High Court
Vikas Shakya vs The State Of Madhya Pradesh on 3 July, 2019
1
HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 25596/2019
(Vikas Shakya Vs. State of MP)
Gwalior dated 03.07.2019
Shri Rohit Mishra, Advocate for applicant.
Shri Anmol Khedkar, Panel Lawyer for
Respondent/State.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this Second application u/S 439, Cr.P.C. for grant of bail. The first bail application was dismissed on merits vide order dated 30/04/2019 passed in M.Cr.C. No. 14773/2019. The applicant has been arrested by Police Station Gwalior, District Gwalior in connection with Crime No. 96/2019 registered in relation to the offences punishable u/S. 457, 380 of IPC.
Allegations against the applicant, in short, are that on 14/2/19, at night, he along with co-accused Aamir, Prashant and Monu broke open the lock of the house of complainant, as well as, lock of his Almirah and committed theft of one gold necklace, four gold bangles, two gold Mangalsutra, four gold rings and other jewelery, as well as, Rs.30,000/- in cash.
Learned counsel for the applicant submits that the applicant has been falsely implicated. FIR was registered against unknown persons. Test Identification Parade of articles was conducted after two months. The offences are triable by JMFC. The charge sheet has since been filed and further custodial interrogation of the applicant may not be required. He is ready to abide by the terms and conditions that 2 HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 25596/2019 may be imposed by this Court. He is permanent resident of Gwalior and there is no likelihood of his absconsion. With the aforesaid submissions, prayer for grant of bail is made.
On the other hand, learned Panel Lawyer submits that five pairs of silver anklets have been recovered from the applicant. The property stated in the FIR matches with the property recovered from the present applicant. Moreover such offences these days are on a rise in society and, therefore, no indulgence is warranted. Besides applicant has criminal antecedents of a case of same nature.
After hearing aforesaid arguments and looking to the facts and circumstances of the case, 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/- (Rs. Fifty Thousand only) with two local solvent sureties in 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:-
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 3 HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 25596/2019 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.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(S.A. Dharmadhikari) Judge Durgekar* SANJAY N. DURGEKAR 2019.07.04 12:47:16 +05'30'