Madhya Pradesh High Court
Deepak @ Bhoore Singh Chouhan vs The State Of Madhya Pradesh on 6 January, 2020
Author: Vishal Mishra
Bench: Vishal Mishra
1 MCRC-50595-2019
The High Court Of Madhya Pradesh
MCRC-50595-2019
(DEEPAK @ BHOORE SINGH CHOUHAN Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 06-01-2020
Shri Vinod Kumar Dhakad, learned counsel for the applicant.
Shri S.S. Rajput, learned Public Prosecutor for the respondent/State.
This is first bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail. He has been arrested on 03.11.2019 by Police Station Badarwas, District Shivpuri in connection with Crime No.252/2019 registered in relation to the offence punishable under Sections 407, 420, 467, 468 of IPC.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter. He has not committed the offence in any manner. Even the entire material, which has been said to be stolen, has been recovered. It is further submitted that co-accused has already been granted bail on 27.12.2019. Applicant is in custody since 03.11.2019. It is also submitted that investigation is over and charge sheet has been filed on 20.12.2019. On all these grounds he prays for grant of bail.
Learned Public Prosecutor for the respondent/State has opposed the prayer and submitted that applicant has actively participated in commission of offence. Applicant was a driver of the vehicle and responsible for committing the offence but he fairly submitted that investigation is over and charge sheet has been filed.
Heard learned counsel for the parties and perused the case diary. Considering the submissions advanced by the counsel for the applicant and on perusal of the case diary it is seen that the applicant is in custody since 03.11.2019, but without expressing any opinion on the merits of the case, this Court deems it appropriate to allow this application in the following terms.
It is hereby directed that the applicant shall be released on bail on his furnishing a personal bond of Rs.50,000/-(Rupees Fifty Thousand Only) 2 MCRC-50595-2019 with two solvent sureties of 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 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 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 shall mark his attendance before the concerned police station in the first week of every month, till conclusion of investigation (pending if any) and if charge sheet is being filed, he will mark his presence as per the directions issued by the concerning trial Court.
In event of failure to comply with any of the terms and conditions, the State authorities will be at liberty to move for cancellation of bail.
A copy of this order be sent to the Court concerned for compliance. C.c. as per rules.
(VISHAL MISHRA) JUDGE shanu* SHANU RAIKWAR 2020.01.06 17:18:05 -08'00' 3 MCRC-50595-2019