IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE RAJEEV KUMAR SHRIVASTAVA ON THE 3^rd OF MARCH, 2022 MISC. CRIMINAL CASE No. 4712 of 2022 Between:-

SURGYAN @ SURJAN S/O SHRI GOKUL GURJAR , AGED ABOUT 45 YEARS, GRAM PHARIYA PS KHANDAR DISTRICT SAVAI (RAJASTHAN)

.....APPLICANT (BY SHRI SAMAR GHURAIYYA, ADVOCATE)

AND THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION PS DEHAT (MADHYA PRADESH)

.....RESPONDENT (BY SHRI PURUSHOTTAM TANWAR, PANEL LAWYER FOR THE STATE)

This application coming on for hearing this day, the court passed the following:

ORDER

The applicant has filed this first application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 26/12/2021 by Police Station Dehat Sheopur, Distt. Sheopur (M.P.) in connection with Crime No.310/2021 registered for offence under Section 379 of IPC, Section 4, 21 of the Mines and Minerals (Development & Regulation) Act.

It is submitted by learned counsel for the applicant- Surgyan @ Surjan that the applicant has not committed any offence. He has falsely been implicated in this case. Applicant is in custody since 26/12/2021, i.e. for around two & half months. It is further submitted that there is no criminal history of the applicant. Now investigation is complete and charge-sheet has been filed. Trial will take its own time. Applicant is ready and willing to abide by any condition which may be imposed by this Court. Hence, learned counsel prays for grant of bail to the present applicant.

Learned State counsel has vehemently opposed the prayer and has submitted that the offence is registered against the applicant under Section 379 of IPC, Section 4, 21 of the Mines and Minerals (Development & Regulation) Act, wherein allegation against the applicant is of sand theft which affects the society at large. Hence, considering the nature and gravity of offence, learned State counsel prayed to reject this application filed for grant of bail to the applicant.

Heard learned counsel for the parties at length and perused the case diary.

Considering the arguments advanced by learned counsel for the parties along with facts and circumstances of the case, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one local surety in the like amount to the satisfaction of the Court concerned for his regular appearance before the trial Court concerned on the dates fixed by it.

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 them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit any kind of offence. In case of commission of any kind of offence, this bail order shall automatically stand cancelled and whole amount of the bail bond will be forfeited;

5. The applicant will not move in the vicinity of complainant party and 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;

7. The applicant shall mark his presence before the concerning police station on Monday and Thursday of every week for two hours till conclusion of the trial and shall help the police in stopping crime related to sand theft.

Application stands disposed of in above terms.

Let a copy of this order be sent to the trial Court concerned for compliance.

Certified copy/ e-copy as per rules/directions.

(RAJEEV KUMAR SHRIVASTAVA)

JUDGE Shubhankar Digitally signed by SHUBHANKAR MISHRA Date