Sunil Gurjar vs The State Of Madhya Pradesh on 8 April, 2022

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Madhya Pradesh High Court

Sunil Gurjar vs The State Of Madhya Pradesh on 8 April, 2022

Author: Rajeev Kumar Shrivastava

Bench: Rajeev Kumar Shrivastava

                                 1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
            HON'BLE SHRI JUSTICE RAJEEV KUMAR SHRIVASTAVA
                         ON THE 8th OF APRIL, 2022

                 MISC. CRIMINAL CASE No. 17561 of 2022

           Between:-
           SUNIL GURJAR S/O SHRI KEDAR GURJAR,
           AGED ABOUT 24 YEARS, GRAM KANKAR
           THANA NARWAR (MADHYA PRADESH)

                                                              .....APPLICANT
           (BY SHRI P.S. BHADORIYA, ADVOCATE )

           AND

           THE   STATE   OF   MADHYA    PRADESH
           INCHARGE POLICE STATION POLICE THANA
           PHYSICAL (MADHYA PRADESH)

                                                          .....RESPONDENTS

           (BY SHRI MANISH NAYAK, PANEL LAWYER FOR STATE)

       This application coming on for hearing this day, the court passed the
following:
                                  ORDER

The applicant has filed this first application u/S.439 Cr.P.C for grant of bail.

Applicant has been arrested on 09/01/2022 by Police Station Physical, Distt. Shivpuri (M.P.) in connection with Crime No.254/2021 registered for offence under Sections 457, 380, 427 of the IPC.

It is submitted by learned counsel for the applicant- Sunil Gurjar that the applicant has not committed any offence. He has falsely been implicated in this case. Applicant is in custody since 09/01/2022 i.e for around three months. Learned counsel for the applicant has further submitted that the allegation of damaging the ATM machine with intend to theft money is false. Investigation is complete and charge sheet has been filed. Trial will take its own time. Applicant is ready and willing to abide by any condition which may be imposed by this Court. Hence, prays for grant of bail to the present 2 applicant. Considering the aforesaid and looking to the current Covid-19 pandemic situation, learned counsel for the applicant prays for grant of bail to the present applicant.

Per contra, learned State counsel has vehemently opposed the application and submitted that in the present case, the allegation against the applicant and the other co-accused is of theft of Rs.19,26,500/- by damaging ATM machine with the help of cutter. It is further submitted that the other two co-accused are still absconding. There is history of four criminal cases against the present applicant. Hence, prayed for dismissal of present bail application.

Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the case diary.

Considering the arguments advanced by learned counsel for the applicant along with the facts and circumstances of the case, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.2,00,000/- (Rs. Two Lakhs only) with two sureties each of Rs.1,00,000/- (Rs. One Lakh Only) to the satisfaction of the Trial Court/ Committal Court for his regular appearance before the Court on the dates given by the concerned 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 them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit any kind of offence. In case of commission of any kind of offence, this bail order shall automatically stand cancelled;

5 . The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments 3 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; and

7. The applicant shall mark his presence before the SHO of the concerning police station fortnightly (every 15 days) till conclusion of the trial.

Application stands disposed of in above terms. Let a copy of this order be sent to the trial Court concerned for compliance.

Certified copy/ e-copy as per rules/directions.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE pwn* PAWAN KUMAR 2022.04.08 16:58:15 +05'30'

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