Madhya Pradesh High Court
Velji vs The State Of Madhya Pradesh on 3 November, 2015
M.Cr.C. No.9368/2015 03.11.2015
Shri A.K. Saraswat, learned counsel for the applicant. Shri Peyush Jain, learned counsel for the Non- applicant/State.
Heard with the aid of the case-diary.
O R D E R THIS is repeat (second) bail application under Section 439 of the Code of Criminal Procedure. The applicant Velji is in custody in connection with Crime No.185/2013 registered at Police Station-Kalyanpura, District-Jhabua, for the offence punishable under Section 394 the I.P.C.
Learned counsel for the applicant submits that the earlier application has been dismissed as withdrawn vide order dated 11/08/2015. Thereafter, during trial, the complainant Mahendra and witnesses Gulab & Dinesh have been examined. The complainant has not supported the prosecution case and he has not stated even a word against the applicant. Thus, there is no evidence to connect the applicant with the crime. The applicant is detained since 11/11/2014; whereas trial will take considerable time to conclude. In such circumstances, the applicant be released on bail.
On the other hand, learned counsel for the Non- applicant/State opposes the prayer.
On Considering overall facts and circumstances of the case, I am of the view that this is a fit case for grant of bail. Thus, the application is allowed and it is directed that the applicant be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- [Rs.Twenty Five Thousand only] with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance as and when directed.
The applicant is also directed to attend each hearing of his trial before the trial Court out of which this bail arises. Any default in attendance in the Court would result in automatic cancellation of the bail granted by this Court.
M.Cr.C. stands disposed of.
C.C. as per Rules.
[Jarat Kumar Jain] Judge Adarsh