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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SMT. JUSTICE SUNITA YADAV
st
ON THE 31 OF JANUARY, 2024
MISC. CRIMINAL CASE No. 3639 of 2024
BETWEEN:-
SHIVAM @ KALI S/O SHRI BADANSINGH, AGED ABOUT
26 YEARS, ADIWASI MOHALLA THANA MEHGAON
DISTRICT BHIND M P (MADHYA PRADESH)
.....APPLICANT
(BY MR. AMIT PACHAURI - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH INCHARGE POLICE
STATION PS BAROHI (MADHYA PRADESH)
.....RESPONDENT
(BY MR. DINESH SAVITA - PANEL LAWYER)
This application coming on for admission this day, the court passed the
following:
ORDER
This is the first application filed by the applicant under Section 439 of
the Cr.P.C. for grant of bail relating to Crime No.34 of 2023 registered at Police
Station Barohi, District Bhind (M.P.) for the offence under Sections 379, 356 of
IPC.
Learned counsel for the applicant/accused argued that the applicant is
innocent and has been falsely implicated. Only Rs.500/- has been seized from
h is possession. Co-accused persons have already been granted bail by the
learned trial Court as well as by this Court. Mangalsutra has not been seized
from his possession. He is in custody since 23.11.2024. After conclusion of
Signature Not Verified
Signed by: ALOK KUMAR
Signing time: 1/31/2024
08:26:30 PM
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investigation, charge sheet has already been filed, therefore, his custodial
interrogation is not required any more. He is permanent resident of District
Bhind (M.P.). and there is no possibility of his absconsion or tampering with
the prosecution evidence. He shall abide by all the terms and conditions which
may be imposed by this Court upon him. On these grounds, he prays for grant
of bail to the applicant.
O n the other hand, learned Public Prosecutor for the respondent/State
vehemently opposed the application and prayed for its rejection.
Heard learned counsel for the rival parties and perused the case diary
available on record.
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 one solvent
surety in the like amount to the satisfaction of the 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/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 Officer, as the case may be;
4 ) The applicant shall not commit an offence similar to the offence of
Signature Not Verified
Signed by: ALOK KUMAR
Signing time: 1/31/2024
08:26:30 PM
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which he/she is accusedh;
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: 1/31/2024
08:26:30 PM