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2022 DIGILAW 79 (MP)

Avinash Vishwakarma v. State of Madhya Pradesh

2022-01-12

RAJEEV KUMAR DUBEY

body2022
JUDGMENT Rajeev Kumar Dubey, J. - This is First bail application filed under section 439 Cr.P.C. applicant avinash Vishwakarma was arrested on 13.12.2021 in Crime No.712/2021 registered at Police Station Morwa, District Singrauli for the offence punishable under Sections 399, 400 & 402 of IPC. As per prosecution case, on 13.12.2021, on the information of informant that 6-7 miscreants were gathered near Maitoli Ganesh Mandir and making preparation to commit dacoity, arun Pratap Singh assistant Sub-Inspector Police Station Morwa, District Singrauli along with other members of Police force went on the spot and arrested applicant avinash Vishwakarma and co-accused Ishwar Baishya, Nilesh Bind, Shivdhari Singh Gaud, ashish Kumar Bind, Jalesh Bind and Nikesh Soni. Police also seized one axe from the possession of co-accused Ishwar Bind, one torch and one plastic cane from the possession of co-accused Nikesh, one tangi from the possession of co-accused Nilesh Singh, one iron rod and one torch from the possession of co-accused Shivdhari Singh, one plastic cane and one stick from the possession of co-accused ashish Kumar, one torch and one nylon rope from the possession of co-accused Jalesh Bind and one bolero jeep bearing registration No.MP-66-T-0782, one stick and one saw from the possession of applicant avinash. Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the offence. Charge sheet has been filed. The applicant has been in custody since 13.12.2021 and the conclusion of trial will take time, hence prayed for release of the applicant on bail. Learned counsel for the State opposed the prayer. There is nothing to show that the applicant and other co-accused persons had taken any further step for the purpose of committing dacoity. Even there is no such allegation that the applicant and other co-accused persons have started going for that purpose. So, looking to the facts and circumstances of the case and the fact that the investigation is over, the applicant is in custody since 13.12.2021, charge-sheet has been filed and conclusion of trial will take time, without commenting on merits of the case, the application is allowed and it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial. 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 trial; 3.The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact 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 prior permission of the trial Court. C.C. on payment of usual charges.