Madhya Pradesh High Court
Chikna Pardi vs The State Of Madhya Pradesh Thr on 6 July, 2018
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HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 25665/2018
(Chikna Pardi Vs. State of MP)
06.07.2018
Shri S.S. Rajput, Advocate for the applicant.
Shri Avneesh Singh, Public Prosecutor for
Respondent/State.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this first application u/S 439, Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Dharnawada, District Guna in connection with Crime No. 64/2018 registered in relation to the offences punishable u/S. 392, 394 of IPC.
As per prosecution story, brief facts of the case are that on 27/02/2018 at about 8.15 pm when the complainant was going on his motor cycle towards his agricultural farm at that time three unknown persons stopped him and beaten him by kicks and fists and also taken his motor cycle and Rs. 4,800/- along with them and thereafter fled away from the spot of incident. On the basis of aforesaid, the applicant has been implicated in the present case.
Learned counsel for the applicant submits that applicant is a reputed citizen of the locality, who has no criminal antecedents and he has been falsely implicated in the present case. It is submitted that FIR has been registered against unknown person. It is further submitted that mobile phone which has been recovered from the applicant bears different IMEI number. It is further submitted that Test 2 HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 25665/2018 Identification Parade has been done after delay of 2 and half months. It is further submitted that investigation stands concluded by filing of the charge sheet and further custodial interrogation of the applicant may not be necessary. The applicant is in custody since 07/03/2018 without any substantial reason and early conclusion of the trial is bleak possibility and prolonged pretrial detention is an anathema to the concept of liberty. Under these grounds, applicant prays for grant of bail.
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.
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 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 3 HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 25665/2018 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.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(S.A. Dharmadhikari) Judge Durgekar* Digitally signed by SANJAY N. DURGEKAR Date: 2018.07.07 16:51:43 +05'30'