Aashu @ Takla vs State Of Madhya Pradesh

The petitioner has filed this second repeat application u/S. 439 of Cr.P.C. for grant of bail.

The petitioner has been arrested on 05.11.2019 by Police Station Kotwali, District Morena (M.P.) in connection with Crime No.372/2019 registered in

relation to the offences punishable u/Ss.393, 34 IPC and u/Ss. 11, 13 of MPDVPK Act.

Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the

material available on record, no case for grant of bail is made out.

Present is a case of bail jump where the petitioner had been granted bail earlier but due to his absence on 24.09.2019 before the Trial Court his bail

bonds were cancelled and he was arrested on 05.11.2019.

Considering the short period of absence and the fact that petitioner had been appearing before the court once in every fortnight in terms of earlier bail

order and that early conclusion of the trial is bleak possibility and prolonged pre-trial detention is anathema to the concept of liberty and the material

placed on record does not disclose possibility of the petitioner fleeing from justice, this Court is though inclined to extend the benefit of bail to the

petitioner but with certain stringent conditions in view of absence petitioner.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the petitioner be released on bail on

furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with two solvent sureties each of Rs. 25,000/-to the satisfaction of the

concerned Trial Court.

This order will remain operative subject to compliance of the following conditions by the petitioner :-

The petitioner will comply with all the terms and conditions of the bond executed by him;

The petitioner will cooperate in the investigation/trial, as the case may be;

The petitioner 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;

The petitioner shall not commit an offence similar to the offence of which he is accused;

The petitioner will not seek unnecessary adjournments during the trial; and

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

The petitioner shall mark his presence before the trial court once every fortnight till conclusion of trial.

Copy of this order be sent to the Court concerned for compliance.

Certified copy as per rules.