Ajab Singh Rawat vs State Of Madhya Pradesh

Sunita Yadav, J

This is the first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail relating to Crime No. 104 of 2023 registered at Police Station Aron, District Gwalior (M.P.) for the offence under Sections 436, 336, 427, 148, 506 Part-2 of IPC.

Learned counsel for the applicant/accused argued that the applicant is innocent and has been falsely implicated. There is a delay in filing F.I.R.. There is material contradictions in F.I.R. and statement of complainant. As per F.I.R., applicant/accused was having a 315 Adiya at the time of incident, however, in the statement of complainant, he stated that the applicant/accused was having a 12 bore gun. All these facts make the prosecution story doubtful. The applicant is under custody since 17.10.2023. After conclusion of investigation, charge- sheet has already been filed, therefore, his custodial interrogation is not required anymore. He is the permanent resident of District Gwalior (M.P.), therefore, there is no possibility of his absconsion or tampering with the prosecution evidence. Hence, he prays for grant of bail to the applicant.

Per contra, learned Panel Lawyer for the respondent/State vehemently opposed the bail application by citing criminal history and prayed for its dismissal.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with one solvent surety in the like amount to the satisfaction of the 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 him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4) The applicant will not commit an offence similar to the offence for which he is accused;

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

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

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.