IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SMT. JUSTICE SUNITA YADAV th ON THE 10 OF JULY, 2023 MISC. CRIMINAL CASE No. 23005 of 2023 BETWEEN:-

SHAHID RAZA S/O SHRI TAHIR KHAN, AGED ABOUT 27 YEARS, R/O BHARATGARH DATIA, DISTRICT DATIA (MADHYA PRADESH)

.....APPLICANT (BY SHRI IMRAN KHAN - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION KARERA, DISTRICT SHIVPURI (MADHYA PRADESH)

.....RESPONDENT ( BY SUSHRI ANKITA MATHUR - PUBLIC PROSECUTOR)

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.652/2022 registered at Police Station Karera, District Shivpuri (M.P.) for the offence under Sections 394, 412, 34 of the I.P.C. and Section 11/13 of the MPDVPK Act and Section 25/27 of the Arms Act.

Allegations against the applicant/accused is that he along with co-accused persons committed robbery and looted gold and silver ornaments and a mobile from the sister-in-law of complainant.

Learned counsel for the applicant argued that applicant is an innocent person Signature Not Verified Signed by: SANJAY and has been falsely implicated. He is in custody since 18.11.2022. Investigation is complete and charge-sheet has already been filed. Looted article has already been seized, therefore, further custodial interrogation of the applicant is not required any more. It is further argued that entire prosecution story is suspecious because the seziure of more articles than looted articles were seized on the same day and more than one cases have been registered by the concerned police. The applicant is permanent resident of District Datia (M.P.) and there is no likelihood of his absconsion or tampering with the prosecution evidence. On these grounds, he prays for grant of bail to the applicant. On the other hand, learned State counsel vehemently opposed the application citing the criminal history of the applicant and prayed for its rejection.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the overall 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. 1,00,000/- (Rupees One Lakh only) with one solvent surety in the like amount to the satisfaction of the trial Court/committal 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, Signature Not Verified Signed by: SANJAY 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 any other offence during pendency of the trial, failing which, this bail order shall stand cancelled automatically without further reference to the Bench.

5) The applicant will not seek unnecessary adjournments during the trial;

6 ) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and

7 ) The applicant shall mark his presence before the SHO of the concerning police station in the first week of every month till conclusion of the trial.

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 Ahmad Signature Not Verified Signed by: