1 M.Cr.C.No.4877/2014
Rameshwar and another Vs. State of M.P.
23.06.2014
Applicant by Shri Jitendra Tyagi, Advocate.
Respondent/State by Shri Mukund Bhardwaj, PP.
Heard on the bail application.
Perused the case diary.
This is first bail application under Section 439 of Cr.P.C. The
applicants have been arrested in Crime No.529/2014 registered at
Police Station, Kotwali, District Shivpuri (M.P), for the offence
punishable under Sections 347 of IPC and 11/13 of MPDVPK Act.
As per prosecution story, Sidharath Rawat and Mangal
Kushwah came to house of the complainant and took her husband,
Sanjay for treatment. Husband of the complainant did not return. On
31.05.2014 complainant has received a call that report has been
lodged against her husband, Sidharath Rawat and Mangal. They have
to pay 40,000/- lease to Seth. Then complainant told that she wants to
talk to her husband. Then Sanjay told her that he has been locked in a
well near Railway Station and he has to pay 40,000/-. Complainant
came to Shivpuri and talked on phone and said I don’t have money.
Release my husband. After that complainant went alongwith the police
near railway crossing. 5-6 persons were there. After seeing the police
they started running. Four persons have been caught hold. Sidharath
and Mangal ran away.
Learned counsel for the applicants submits that the applicants
have falsely been implicated. They are in custody since 02.06.2014.
Applicants are not named in the FIR. There is no Prima Facie
evidence regarding commission of offence under Section 11/13 of
MPDVPK Act. On these grounds learned counsel for the applicants
prays for grant of bail.
2 M.Cr.C.No.4877/2014
The application is opposed by the learned Public Prosecutor.
Considering the facts that applicants are not named in the FIR,
no Test Identification Parade has been conducted by the prosecution
and applicants are under custody, the application is allowed. It is
directed that the applicants shall be released on bail on their furnishing
personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand
Only) each with one solvent surety in the like amount to the
satisfaction of Trial Court/Committal Court.
This order will remain operative subject to compliance of the
following conditions by the applicants :-
1. The applicants will comply with all the terms and conditions of
the bond executed by them;
2. The applicants will cooperate in the investigation/trial, as the
case may be;
3. The applicants will not indulge themselves 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 applicants shall not commit an offence similar to the
offence of which they are accused;
5. The applicants will not seek unnecessary adjournments during
the trial; and
6. The applicants will not leave India without previous permission
of the trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the Court concerned for
compliance.
C.C. as per rules.
(D.K.Paliwal)
Judge
bj/-
