Madhya Pradesh High Court
Suraj Singh Tomar vs The State Of Madhya Pradesh Thr on 4 April, 2018
HIGH COURT OF MADHYA PRADESH
1 M.Cr.C.No. 10798/2018
(Suraj Singh Tomar Vs. State of M.P.)
Gwalior,
Dated-04/04/2018
Shri Prem Singh Bhadauriya, learned counsel for the
applicant.
Shri A.K.Nirankari, learned PP for respondent/State.
Shri Ashish Singh Bhadauriya, learned counsel for the complainant.
Complainant Mukesh Singh and witnesses Ajay Singh and Rinku are present in person before this Court.
Complainant has filed his affidavit, alongwith list of documents today, same is taken on record.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this third application u/S 439, Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Porsa, District Morena in connection with Crime No. 382/2017 registered in relation to the offences punishable u/Ss. 392, 394, 323, 506, 34 of IPC and Ss. 11/13 of MPDVPK Act.
Learned counsel for the applicant submits that affidavit filed by complainant indicates that no offence was committed by the applicant in respect of the complaint registered vide crime No. 382/2017. He has been falsely implicated in the case. A minor dispute converted into registration of offence. Applicant is behind the bars since 24/10/2017 and as per the affidavit filed by complainant, chances of conviction is rare.
Learned Public Prosecutor 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.
Learned counsel for complainant fairly submits that he has HIGH COURT OF MADHYA PRADESH 2 M.Cr.C.No. 10798/2018 (Suraj Singh Tomar Vs. State of M.P.) no objection if the applicant is released on bail and on the basis of instructions received, he submits that there is likelihood of settlement between the parties.
Considering the statement of parties and looking to prospective fate of the case and the fact that the applicant is in custody since 24/10/2017 and that the early conclusion of the trial is a bleak possibility and prolonged pre-trial detention is anathema to the concept of liberty, 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 one solvent surety in the like amount 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 shall not commit an offence similar to the offence of which he is accused;
4. The applicant will not seek unnecessary adjournments during the trial.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(Anand Pathak) Judge jps/-
Digitally signed by JAI PRAKASH SOLANKIDate: 2018.04.05 14:53:30 +05'30'