IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE RAJEEV KUMAR SHRIVASTAVA ON THE 4^th OF MAY, 2022 MISC. CRIMINAL CASE No. 21375 of 2022 Between:-

LAL SINGH @ LALA SIKARWAR S/O KAPTAN SINGH SIKARWAR , AGED ABOUT 50 YEARS, VILLAGE BARAHANA PS DEVGARH (MADHYA PRADESH)

.....PETITIONER (BY SHRI PADAM SINGH, ADVOCATE )

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

.....RESPONDENTS (BY SHRI RAVINDRA SINGH, LEARNED DEPUTY ADVOCATE GENERAL FOR THE RESPONDENT-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 10/04/2022 by Police Station Devgarh District Morena (M.P.) in connection with Crime No. 37/2022 registered for offence under Sections 379 and 414 of the IPC.

It is submitted by learned counsel for the applicant that the applicant has not committed any offence. He has falsely been implicated in this case. Applicant is in custody since 10/04/2022. It is submitted that marriage of daughter of the applicant is going to be solemnized on 09/05/2022. There is no criminal antecedents against the applicant. Applicant is aged about 50 years. The case is registered under Sections 379 and 414 of the IPC alleging that present applicant was committing theft of sand and he was driver of the tractor and owner of the tractor was also sitting on the tractor. There is no role of the applicant in the commission of alleged offences. 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 investigation is going on and present applicant has committed theft of sand. Considering the nature and gravity of the offence, 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 & circumstances of the case and the fact that applicant is aged 50 years and marriage of daughter of the applicant is scheduled on 09/05/2022 and trial will take its own time, 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 solvent 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 bail bonds 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;

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 Prachi PRACHI MISHRA

2022.05.04 +05'30'