Madhya Pradesh High Court
Ajmer Batham vs The State Of Madhya Pradesh on 18 October, 2022
Author: Sunita Yadav
Bench: Sunita Yadav
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SMT. JUSTICE SUNITA YADAV
ON THE 18th OF OCTOBER, 2022
MISC. CRIMINAL CASE No. 47436 of 2022
BETWEEN:-
AJMER BATHAM S/O SHRI KASHIRAM
BATHAM, AGED ABOUT 22 YEARS, NEAR
BALAJI TEMPLE RAMNIVAS COLONY DABRA
(MADHYA PRADESH)
.....APPLICANT
(BY MR. HEMANT SINGH RANA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH INCHARGE
POLICE STATION THROUGH POLICE STATION
DABRA DEHAT (MADHYA PRADESH)
.....RESPONDENT
(BY MR. AVNEESH SINGH - PUBLIC PROSECUTOR)
This application coming on for hearing this day, the court passed the
following:
ORDER
The applicant has filed this first application u/S.439 of Cr.P.C. for grant of bail.
The applicant has been arrested by Police Station Dabra Dehat, District Gwalior (M.P.) in connection with Crime No.164/2022 registered f o r the offence punishable under Section 392 of IPC and Sections 11, 13 of MPDVPK Act.
Allegation against the present applicant is that he along with co-accused looted the mangalsutra of the complainant.
Learned counsel for the applicant argued that the applicant is innocent Signature Not Verified Signed by: ALOK KUMAR Signing time: 18-Oct-22 5:33:42 PM 2 and has been falsely implicated. FIR is lodged against unknown persons, however, T.I.P. of the applicant has not been conducted, therefore, entire prosecution story appears to be suspicious. Further argument is that the applicant is in custody since 28.8.2022. After conclusion of investigation, charge-sheet has already been filed, therefore, there is no requirement of further custodial interrogation of the applicant. Applicant is the permanent resident of Ramnivas Colony, Dabra, District Gwalior and there is no possibility of his absconsion. Hence, he prays for grant of bail to the applicant.
Per contra, learned counsel for the State vehemently opposed the bail application and prayed for its rejection.
Heard learned counsel for the rival parties and perused the case diary available.
Considering the facts and circumstances of the case, but 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/- (Rupees Fifty Thousand only) with two solvent sureties in the like amount to the satisfaction of the trial Court/committal 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/her;
2) The applicant will cooperate in the investigation/trial, as the case may be;
3) The applicant will not indulge himself/herself 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 Signature Not Verified Signed by: ALOK KUMAR Signing time: 18-Oct-22 5:33:42 PM 3 Officer, as the case may be;
4) The applicant shall not commit any offence during pendency of the trial, failing which, this bail order shall stand cancelled automatically without further reference to the Bench;
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.
Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.
E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.
Certified copy as per rules.
(SUNITA YADAV) JUDGE AKS Signature Not Verified Signed by: ALOK KUMAR Signing time: 18-Oct-22 5:33:42 PM