Madhya Pradesh High Court
Kuldeep Singh Bhadoria vs The State Of Madhya Pradesh on 3 September, 2014
M.Cr.C.No.7665/2014 (Kuldeep Singh Bhadoria Vs. State of
M.P.) 1
3.9.2014.
Applicant by Shri R.K. Shukla, Advocate.
Respondent/State by Ku. Nutan Saxena, Public Prosecutor.
Heard.
This is first bail application filed by the applicant under Section 439 of Cr.P.C. for grant of bail.
The applicant has been arrested in Crime No.39/2014 registered at Police Station GRP (Chhoti Line) District Gwalior for the offence punishable under Section 392 of IPC and sections 11/13 of M.P.D.V.P.K. Act.
As per prosecution case, the complainant along with her husband has gone to Bhind by Passenger Train and she was coming to Railway Station Soni. The train stopped at Railway Station Soni then complainant and her husband alighted from the train and they are coming out from the railway platform then one boy came from behind and snatched the chain of the complainant, half portion of chain remained with the complainant and half portion of the chain was taken away by that boy. One Gurmukh has shouted then the boy who snatched the chain was caught hold and he disclosed his name as Kuldeep and he further disclosed that he had thrown the chain on the Railway Station.
It is submitted by the learned counsel for the applicant that applicant has falsely been implicated in the case. He has not committed any offence. No recovery has been made from the possession of the applicant No test identification parade has been M.Cr.C.No.7665/2014 (Kuldeep Singh Bhadoria Vs. State of M.P.) 2 conducted. The applicant is under custody since 4.6.2014. Trial is likely to take time. Hence, prayed for bail.
The prayer is opposed by learned Public Prosecutor. Case diary perused.
Considering the allegation against the applicant and the fact that no looted property has been seized from the possession of the applicant. There is no antecedents of the applicant. The investigation is almost complete. The applicant is under custody since 4.6.2014, but without commenting anything on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of 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;
M.Cr.C.No.7665/2014 (Kuldeep Singh Bhadoria Vs. State of M.P.) 3
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.
(D.K.Paliwal) Judge pawar/-