Madhya Pradesh High Court
Malkhan vs The State Of Mp on 19 July, 2019
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THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.29379/2019
(Malkhan vs. State of M.P.)
Gwalior, Dated : 19.07.2019
Shri Brijesh Tyagi, counsel for the applicant.
Shri Ankit Saxena, Public Prosecutor for the 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 Nirar, District Morena in connection with Crime No.25/2018 registered in relation to the offences punishable under Sections 186, 353, 332, 34, 392, 201 of IPC and Section 11/13 of MPDVPK Act.
It has been argued by the counsel for the applicant that he has been falsely implicated in the case without any involvement. The incident is said to have taken place on 23.10.2018 and the FIR has been registered on 25.10.2018. In the FIR the main allegation is against co-accused Munshi who has been extended benefit of bail by the learned trial Court on 24.11.2018. The applicant has been implicated in the case on the basis of memorandum under Section 27 of Evidence Act recorded by co-accused. He is in custody since 2.7.2019. On these grounds, he prays for grant of bail.
However, learned Public Prosecutor has opposed the bail application and has stated that he was absconding therefore benefit of bail application granted to the co-accused cannot be granted to the applicant on the ground of parity. However, he has submitted 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.29379/2019 (Malkhan vs. State of M.P.) that the photographs were taken on the same day and he appears in the photographs. Considering the same, he prays for dismissal of the bail application.
Considering the facts and circumstances of the case, that petitioner has no criminal antecedents and applicant is in custody since 02.07. 2019 and further custodial interrogation may not be necessary as charge-sheet has already been filed and that prolonged pre-trial detention being an anathema to the concept of liberty and that applicant has no criminal antecedents, this Court is inclined to extend the benefit of bail to the applicant.
Accordingly, 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 each of Rs. 25,000/- 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 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 3 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.29379/2019 (Malkhan vs. State of M.P.)
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.
(Vishal Mishra) Judge van VANDANA VERMA 2019.07.22 10:32:47 +05'00'