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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Deepak Kumar Agarwal, J.
Sagar – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 58129 of 2022
Decided On : 08-12-2022
Bail - Criminal Law - The court granted bail to the applicant who was arrested for an offense under Sections 392 of the IPC and 11/13 of MPDVPK Act, considering the circumstances and the applicant's readiness to abide by the conditions imposed by the court.
Fact of the Case:
The applicant filed for bail after being arrested for an offense under Sections 392 of the IPC and 11/13 of MPDVPK Act. The prosecution alleged that the applicant was involved in a robbery where a mobile phone and cash were snatched from the complainant.
Finding of the Court:
The court, without commenting on the merits of the case, granted bail to the applicant upon furnishing cash surety and bail bond, with the condition that the applicant must be present during trial and that any default would result in forfeiture of the cash surety.
Issues: The main issue was whether the applicant should be granted bail despite being accused of a serious offense.
Ratio Decidendi: The court considered the circumstances and the fact that the applicant had been in custody since the arrest, and decided to grant bail with specific conditions to ensure the applicant's presence during trial.
Final Decision: The application for bail was allowed and disposed of, with the court ordering the release of the applicant upon furnishing cash surety and bail bond, and imposing conditions for the applicant's presence during trial.
JUDGMENT
Deepak Kumar Agarwal, J. - The applicant has filed this first application under Section 439 of CrPC for grant of bail who has been arrested on 11.11.2022 in connection with Crime No.694 of 2022 registered at Police Station Pichore District Shivpuri for offence punishable under Sections 392 of the IPC and 11/13 of MPDVPK Act.
2. As per prosecution case, on 09.11.2022 in the morning at about 5:28 AM complainant Sukhbir lodged a report at PS Pichore Dist. Shivpuri against three unknown persons that in the night by motorcycle from Manpur he had come to Pichhore because of a quarrel. He had submitted application. In the night at about 12:40 when he went to take petrol from Achla Devi petrol pump it was closed. Three boys came on motorcycle and asked him what happened. He told them that he wanted petrol for his motorcycle, thereafter they asked to open the petrol pump and then a person present at the petrol pump filled the petrol worth Rs. 50/- and then one of the three boys asked him for lift and he gave his consent for the lift. Soon after going ahead the person sitting at the back asked to stop the motorcycle and his remaining two friends came there and started beating and snatched Redmi Mobile Phone and cash worth Rs. 4500/- from his pocket.
3. Learned counsel for the applicant submit that applicant has been falsely implicated in the case. Applicant is in custody since 11.11.2022 and there is no likelihood of his absconsion or tampering with the prosecution evidence. He is ready to abide by all the terms and conditions as may be imposed by this Court. Under these circumstances, he prays for grant of bail to the applicant.
4. Learned counsel for the State opposed the prayer and prayed for dismissal of the application.
5. Both the Advocates are heard. Case diary perused.
6. Looking to the facts and circumstances of the case and the applicants are in custody since 11.11.2022, but without commenting on the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if applicant furnish cash surety of Rs. 25,000/- alongwith bail bond of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, they should be released on bail.
7. He will present during trial before the trial Court on each and every date.
8. In case of any default cash surety of Rs.25000/- shall be forfeited.
9. Application stands allowed and disposed of.
Certified copy as per rules.
The completion of investigation and filing of charge-sheet can be considered as grounds for allowing a bail application.
The court may grant bail based on the applicant's undertaking to cooperate in the investigation/trial, even for serious offences.
The court's decision to grant bail was based on the assessment of the facts and circumstances of the case, without commenting on the merits of the case.
The court's decision to grant bail was influenced by the nature of the offence, the stage of the trial, and the likelihood of the applicant absconding or tampering with the prosecution case.
The court has the discretion to grant bail based on the facts and circumstances of the case, ensuring the accused's presence during the trial.
The length of custody, filing of charge-sheet, and the likelihood of a prolonged trial are relevant factors in considering a bail application.
The court may grant bail considering the circumstances and length of custody without commenting on the merits of the case.
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