Aditya @ Lale vs State of M.P.

D.K. Paliwal, J.—Heard on the bail application. Perused the case diary.

This is first bail application u/s 439 of Cr.P.C. The applicant has been arrested in Crime No. 376/2013 registered at Police Station, Bahodapur, Gwalior, District Gwalior (M.P.), for the offence punishable under Sections 327, 323, 294, 506(B) & 34 of IPC., and section 3(1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

As per prosecution case, on 08.07.2013, at about 8:00 P.M. Rahul and Lale came to the house of complainant and started abusing and asked for Rs. 1000/- for drinking liquor. After hearing the noise the husband of the complainant came out from the house and the accused persons demanded Rs. 1000/- from her husband when husband of the complainant refused to give money then Lale put out Kata and threatened to kill him.

It is submitted by the learned counsel for the applicant that the applicant has falsely been implicated. There is no evidence against him. Applicant is in custody since 11.07.2013. Trial will take some time. On these grounds learned counsel for the applicant prays for grant of bail.

The application is opposed by the learned Public Prosecutor.

Considering the fact and circumstances of the case, but without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court.

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

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 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;

The applicant shall not commit an offence similar to the offence of which they are 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. C.C. as per rules.