Madhya Pradesh High Court
Jitendra Choudhary (Ahirwar) vs The State Of Madhya Pradesh on 13 May, 2019
1
M.Cr.C. No.19629/2019
(Jitendra Choudhary (Ahirwar) v. State of MP)
Gwalior, Dated : 13.05.2019
Shri Pamod Pachauri, learned counsel for the applicant.
Shri Purushottam Rai, learned Panel Lawyer for
respondent/State.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this second application u/S 439, Cr.P.C. for grant of bail. First bail Application M.Cr.C.No.3763/2019 was dismissed as withdrawn on 04.02.2019. The applicant has been arrested on 08.01.2019 by Police Station City Kotwali, District Shivpuri in connection with Crime No.13/2019 registered in relation to the offences punishable u/Ss. 489A, 489B, 489C and 489D of IPC.
It is the submission of the learned counsel for the applicant that a false case has been registered against the applicant. He does not bear any criminal antecedents. The chargesheet has already been filed and confinement since 08.01.2019 amounts to pre-trial detention. Otherwise all the prosecution witnesses are in Government service and, therefore, chance of tampering with the evidence is remote. He fairly undertakes to bear heavy bail conditions. He undertakes to cooperate in the trial and would make himself available on all dates as and when required by the trial Court. He further undertakes not to be a source of embarrassment or harassment to the prosecutrix and complainant party in any manner. It is the submission that only on the 2 M.Cr.C. No.19629/2019 (Jitendra Choudhary (Ahirwar) v. State of MP) basis of memorandum under Section 27 of the Evidence Act, the applicant has been fastened with the liability and he is innocent.
Learned Panel Lawyer 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.
Considering the facts that the applicant is in custody since 08.01.2019, the chargesheet has since been filed and that the early conclusion of the trial is a bleak possibility and pre-trial detention is anathema to the concept of liberty and that there are no criminal antecedents of the applicant and the material placed on record does not disclose possibility of the applicant fleeing from justice, 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.2,00,000/- (Rs. Two lacs only) with two solvent sureties in the like amount, in which one surety is to be from District Shivpuri, 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;3
M.Cr.C. No.19629/2019
(Jitendra Choudhary (Ahirwar) v. State of MP)
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.
7. The applicant will have to appear on 1 st and 15th of every month at the concerned Police Station from 10.00 AM to 5.00 PM and any absence would be immediately reported by the SHO of the concerned Police Station to the concerned trial Court and the trial Court shall send a PUD in this regard to this Court and the matter shall be kept for further orders in the caption "direction". A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(Anand Pathak) Judge meh/-
MEHFOOZ AHMED 2019.05.14 10:43:06 +05'30'