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Sarvesh_Pandey
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It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 02-10-2021 and charge-sheet has already been filed. Only source of implication against applicant is recovery of some looted articles from the possession of the applicant. Evidence of complainant is already over and he did not identify the applicant even in dock. He does not bear any criminal record, therefore, a chance be given for course correction and to mend his ways to become a better citizen. Confinement amounts to pretrial High Court Of Madhya Pradesh (Rajkumar Rawat Vs. State of M.P.) detention. He undertakes to cooperate in trial and would not be a source of embarrassment or harassment to the complainant party in any manner. Further voluntarily he intends to serve the National/Social/Environmental cause voluntarily, in case bail is granted. Counsel for the State opposed the prayer but fairly submitted that applicant does not bear any criminal record. At this juncture, Shri Kuldeep Singh, Public Prosecutor informed that in pursuance to earlier order dated 29-03-2022, explanation was sought from in-charge of said clerical staff of Criminal Branch (Miscellaneous Criminal Cases) at Advocate General Office at Gwalior. They have given reason for not making available the Case Diary on time. They are regretful for the same and extend their apology for the delay caused in making available Case Diary despite being available in the Advocate General Office due to some confusion and creation of extra files. Considering their apology and undertaking not to repeat such mistake in future, this Court does not intend to pass order against them at this stage.
Heard learned counsel for the parties at length and High Court Of Madhya Pradesh (Rajkumar Rawat Vs. State of M.P.) considered the arguments advanced by them on merits. Considering the arguments advanced and period of custody, without expressing any opinion on the merits of the case, this Court intends to allow this bail application. It is hereby directed that the applicant shall be released on bail, on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) alongwith one solvent surety to the satisfaction of trial 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 them from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;