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2012 DIGILAW 1018 (MP)

Satendra Gurjar v. State of M. P.

2012-10-08

SHEEL NAGU

body2012
Judgment Sheel Nagu, J.;- 1. Case Diary is perused. Learned counsel for the rival parties are heard. 2. The applicant has filed this first application u/S 439, Cr. P.C. for grant of bail. The applicant has been arrested by Police Station Kampu, District Gwalior in connection with Crime No. 303/2012 registered in relation to the offences punishable u/Ss. 395, 427, 307 of IPC, 11/13 MPDVPK Act and 25/27 Arms Act. 3. Learned Panel Lawyer 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. 4. Considering the facts that applicant is in custody since 21.07.2012 and the prosecution story discloses that the applicant along with the three other co-accused is alleged to have looted Rs. 8700/- from the conductor of bus and fire arm has been recovered from the applicant and that the applicant has not been recognized in the TIP and that there are no criminal antecedents of the applicant and that prolonged pretrial detention being an anathema to the concept of liberty and that co-accused Ramniwas has been extended the benefit of bail under Section 439, Cr. P.C. by the order dated 03.10.2012 in M. Cr. C. No. 6216/2012, this Court is inclined to extend the benefit of bail to the applicant. 5. 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. 75,000/- (Rs. Seventy Five Thousand only) with two solvent sureties of the like amount to the satisfaction of the concerned Trial Court. 6. 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/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 which he is accused; 5. 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. A copy of this order be sent to the Court concerned for compliance. C.c. as per rules.