Madhya Pradesh High Court
Monu @ Vivek Tomar vs The State Of Madhya Pradesh on 26 March, 2019
1 MCRC-11894-2019
HIGH COURT OF MADHYA PRADESH
MCRC-11894-2019
(Monu @ Vivek Tomar Vs. State of M.P.)
Gwalior, Dated : 26/03/2019
Shri Kishor Dixit, counsel for the applicant.
Shri Purushottam Pandey, Public Prosecutor for respondent/
State.
Case diary is not available.
It is submitted by the counsel for the applicant that he has filed the charge-sheet and the same may be taken into consideration.
This is third repeat application filed under Section 439 of Cr.P.C. for grant of bail. First application was dismissed as withdrawn by order dated 28.08.2018 passed in M.Cr.C. No. 30129/2018 with liberty to file a properly constituted application along with the status report of the criminal case registered against the applicant for offence under Section 302 of IPC. Second application was dismissed as withdrawn by order dated 30.10.2018 passed in M.Cr.C. No. 42493/2018.
The applicant has been arrested on 05.02.2018 in connection with Crime No.300/2017 registered by Police Station Hazeera District Gwalior for offence punishable under Sections 399, 400, 402 of IPC, Section 11/13 of MPDVPK Act and Section 25/27 of Arms Act.
It is submitted by the counsel for the applicant that the present applicant by order dated 15.03.2019 passed in M.Cr.C. No. 9485/2019 has been granted bail in the Crime No. 335/2017 registered at Police Station Hazeera District Gwalior for offence under Sections 302 and 2 MCRC-11894-2019 201/34 of IPC. It is further submitted that according to the prosecution case, the applicant along with the other co-accused persons had assembled with intention for making preparation for committing dacoity. The applicant was arrested on 05.02.2018 and nothing incriminating has been seized from the possession of the applicant. Except the confessional statement made by the co-accused, there is no other evidence against the applicant. The applicant undertakes to abide by any condition which may be imposed by the Court and there is no possibility of his absconding or tampering with the prosecution case.
Per contra, the application is opposed by the counsel for the respondent/State.
Considering the period of detention, facts and circumstances of the case and without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.40,000/- (Rs. Forty Thousand Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of the trial but in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2019.03.26 18:30:10 +05'30'