Madhya Pradesh High Court
Brijmohan @ Pehlwan Gurjar vs The State Of Madhya Pradesh on 19 January, 2016
MCRC-13247-2015
(BRIJMOHAN @ PEHLWAN GURJAR Vs THE STATE OF MADHYA PRADESH)
19-01-2016
Shri Yash Sharma, counsel for the applicant. Shri B.P.S. Chauhan, Public Prosecutor for the State.
Heard learned counsel for the parties. The applicant is in custody since 13-08-2014 relating to Crime No. 10/14 registered at Police Station Bamhari District Shivpuri for the offence punishable under Sections 384, 394, 397 of IPC and Section 11/13 of MPDVPK Act and Section 25/27 of Arms Act.
Learned counsel for the applicant submits that the applicant is a reputed citizen of the locality, who has no criminal past alleged against him. No named FIR was lodged against the applicant. No Test Identification Parade was conducted. No robbed property has been recovered from the applicant. Chain of circumstantial evidence is broken. The applicant is in custody without any substantial reason. Consequently, he prays for bail.
Learned Public Prosecutor for the State opposes the bail application.
Considering the submissions made by learned counsel for the parties, looking to the facts and circumstances of the case, without expressing any view on the merits of the case, I am of the view that application under Section 439 of Cr.P.C. filed by the applicant may be accepted. Consequently, it is hereby allowed.
It is directed that the applicant namely Brijmohan @ Pehlwan Gurjar be released on bail on his furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand) with a surety bond of the same amount to the satisfaction of the trial Court to appear before the trial Court on the dates given by the concerned Court. This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective. Certified copy as per rules.
(N.K. GUPTA) JUDGE