Abhay Singh vs State Of Madhya Pradesh

Learned counsel for the parties heard on first bail application filed under Section 439 of the Cr.P.C. before this Court on behalf of applicant in relation to Crime No.984/2018 registered at Police Station Kotwali, District Morena for the offence punishable under Sections 341, 294, 323, 307, 506, 320/34, 147, 148, 149 and 325 of IPC.

Perused the case diary.

Prosecution story in brief is that on 21.9.2018 at about 1.00 PM, complainant Suraj Singh Jadon lodged FIR at police station, Morena alleging that on 20.9.2018 when he was going in a car along with his brother Deepak Jadon and maternal brother Rohit Jadon to their house, then accused persons came having dandas with them abused and assaulted them.

It has been contended by learned senior counsel for the applicant that the applicant is in custody since 04/01/2020. It is further submitted that the applicant and family members have falsely been implicated in the offence due to enmity. Now investigation is complete and charge sheet has been filed. Trial will take its own time. Co-accused Mahendra Singh has already been granted the benefit of bail by this Court vide order dated 01/07/2019 in M.Cr.C. No.23783/2019, hence on the ground of parity prays for grant of bail.

Per contra, above mentioned prayer has been strongly opposed by the learned Public Prosecutor appearing for the State as well as counsel for the complainant by contending that the deceased died due to head injury and its complications and the present applicant is the main accused.

Having heard the rival contentions raised by learned counsel for the parties, without commenting on the merits of the case, the application filed by the applicant under Section 439 of the Cr.P.C. is allowed and it is ordered that on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rupees one lac only) by the applicant with one solvent surety in the like amount to the satisfaction of the Court concerned for his regular appearance on the dates given by the concerned Court, he be released on bail subject to following conditions:-

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

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

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;

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

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

The applicant 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 as well as copy of the order be given to the learned Public  Prosecutor  with  a  direction  to  keep  the  same  in  the concerned case diary.