Dadu @ Subhash Mishra vs. The State Of Madhya Pradesh

The High Court Of Madhya Pradesh

MCRC-1860-2021

(DADU @ SUBHASH MISHRA Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 02-02-2021

Heard through Video Conferencing.

Shri D.S. Dubey, learned counsel for the applicant.

Shri Manoj Kushwaha, P.L. for the respondent / State.

Heard with the aid of case diary.

This is first application filed under section 439 Cr.P.C. Applicant Dadu @ Subhash Mishra was arrested on 1/11/2020 in Crime No.247/2020 registered at Police Station Mangawan, District Rewa for the offence punishable under Section 394 of IPC.

As per prosecution story, applicant Dadu @ Subhash Mishra and co-accused Vikas Tiwari, Mohammad Sharif Shah @ Shetty and Mohammad Sani Ansari looted one mobile and Rs.4,500/- from the possession of complainant Sunil Kumar Patel.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. It is further submitted that name of the applicant is not mentioned in the FIR. Police did not get test identification parade conducted of the applicant. The police only on the basis of memorandum of co-accused implicated the applicant in the crime. It is further submitted that other co-accused persons namely Mohammad Sani Ansari, Mohd. Shareef Shah @ Shetty and Vikas Tiwari has already been released on bail by this Court vide orders dated 22/7/2020, 22/7/2020 & 31/8/2020 passed in M.Cr.C. Nos.22201/2020, 18858/2020 & 26805/2020. The applicant has been in custody since 1/11/2020 and the conclusion of trial will take time, hence prayed for release of the applicant on bail.

Learned counsel for the State opposed the prayer and submitted that other offences are also registered against the applicant, so he should not be released on bail.

Looking to the facts and circumstances of the case, the contention of learned counsel for the applicant and the fact that the applicant is in custody since 1/11/2020 and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of

trial.

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 trial;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer;

4. The applicant shall not commit an offence similar to the offence of which he is accused;

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

6. The applicant will not leave India without prior permission of the trial Court.

VS