Rakesh @ Hate Singh Gurjar vs The State Of Madhya Pradesh
2022 Latest Caselaw 9067 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                 BEFORE
                    HON'BLE SMT. JUSTICE SUNITA YADAV
                          ON THE 7th OF JULY, 2022

               MISC. CRIMINAL CASE No. 32988 of 2022

        Between:-
        RAKESH @ HATE SINGH GURJAR S/O
        HARISINGH, AGED 26 YEARS, OCCUPATION:
        KRASHI, R/O VILLAGE KHTERA, POLICE
        STATION BHANWARPURA, DISTRICT GWALIOR
        (M.P.)

                                                               .....APPLICANT
        (BY SHRI RUKVENDRA SINGH GHURAIYA - ADVOCATE)

        AND

        THE STATE OF MADHYA PRADESH THROUGH
        POLICE STATION GHATIGAON, DISTRICT
        GWALIOR (M.P.)

                                                       .....RESPONDENT/STATE
        (BY SHRI B.P.S. CHAUHAN - PUBLIC PROSECUTOR)

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

Heard on this first bail application filed by the applicant under Section

439 of Code of Criminal Procedure for grant of bail.

T h e applicant is in jail since 24.05.2022 in connection with Crime No.63/2022, registered at Police Station-Ghatigoan, District Gwalior (M.P.) for the offence under Section 25/27 of Indian Arms Act.

The allegation against the present applicant is that there is a gun recovered from possession of the applicant for which he did not have any valid licence. Therefore, a case under Section 25/27 of Indian Arms Act. was

registered and the investigation has started.

Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. He has further argued that applicant is in custody since 24.05.2022. After investigation, charge-sheet has been filed and there is no further requirement of custodial interrogation of the present applicant. It is further submitted that the case is triable by JMFC and conclusion of trial will take long time. There is no possibility of applicant's absconsion or tampering with the prosecution evidence On these grounds, he prays for grant of bail to the applicant.

On the other hand, learned counsel for the State argued that in view of the

criminal history of the applicant, he should not be granted bail.

At this stage, learned counsel for the applicant submits that applicant has already been acquitted in most of the cases which have been discussed by the State counsel and in support of his contention, he has filed certain judgments of learned trial Court. In such circumstances, he prays for grant of bail to the present applicant.

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

Considering the overall facts and circumstances of the case so also the period of custody of the applicant, 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. 50,000/- (Rupees Fifty Thousand only) with two solvent sureties of 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;

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 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; and

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

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 (LJ*)

LOKENDRA JAIN 2022.07.07 17:42:03 +05'30'