Madhya Pradesh High Court
Ghanshyam Singh Tomar vs The State Of Madhya Pradesh on 30 January, 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 30 th OF JANUARY, 2023
MISC. CRIMINAL CASE No. 4721 of 2023
BETWEEN:-
GHANSHYAM SINGH TOMAR S/O AKHHIYA SINGH
TOMAR, AGED ABOUT 66 YEARS, R/O WARD NO.15,
GANESH NAGAR COLONY BEHIND KOTHI NO. 31
FATEHPUR, SHIVPURI (MADHYA PRADESH)
.....APPLICANT
(MR. RAMRAJYA SINGH DANGI - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION TENDUA, SHIVPURI (MADHYA PRADESH)
.....RESPONDENT/STATE
( BY MR. NITIN GOYAL - PANEL LAWYER)
This application coming on for Admission this day, the court passed the
following:
ORDER
The applicant has filed this third application u/S 439, Cr.P.C. for grant of bail.
The applicant has been arrested by Police Station Tendua, District Shivpuri in connection with Crime No. 68/2022 for the offence punishable under Sections 302, 304(b), 498-A, 34 of IPC and Section 3/4 of Dowry Prohibition Act.
Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated. It is submitted that his first bail Signature Not Verified application was dismissed as withdrawn vide order dated 27.07.2022 in Signed by: LOKENDRA JAIN Signing time: 1/31/2023 9:40:56 AM 2 M.Cr.C. No. 34165 of 2022, his second interim bail application was allowed by this Court vide order dated 09.09.2022 in M.Cr.C. No. 42933 of 2022 for a period of four months and thereafter, co-accused-Geeta Bai has been granted the benefit of regular bail by the Coordinate Bench of this Court vide order dated 19.01.2023 in M.Cr.C. No.61557 of 2022. Under the changed circumstances, present bail application has been filed by the applicant as the case of the present applicant is in parity with the co-accused, therefore, he should be granted bail.
Per contra, application is opposed by learned counsel for the State by submitting that in view of the criminal history, the applicant should not be released on bail.
Heard learned counsel for the rival parties and perused the case diary available on record.
Considering the overall 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.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety 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/her;
2) The applicant will cooperate in the investigation/trial, as the case may be;
3 ) The applicant will not indulge himself/herself in extending inducement, Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 1/31/2023 9:40:56 AM 3 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 any other offence during pendency of the trial, failing which, this bail 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: 1/31/2023 9:40:56 AM