Akhilesh vs State Of Madhya Pradesh

Sunita Yadav, J

This is the Second application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail relating to FIR No. 64 of 2022 registered at Police Station Behat, District Gwalior (M.P.) for the offence under Sections 302, 34 added section 201 of IPC.

Allegations against the applicant / accused, in short, is that the applicant along with co-accused committed murder of Hotam.

Learned counsel for the applicant argued that applicant is innocent and has been falsely implicated. After dismissal of first bail application vide order dated 06/04/2023 passed in M.Cr.C. No. 14470/2023, circumstances have changed because material prosecution witnesses namely Rambabu (PW/1), Pappu Kushwaha (PW/2), Deewan Singh (PW/3), Bhan Singh Kushwaha (PW/4) Sharda (PW/5)/complainant & Parshuram (PW/6) have been examined before the trial court, who did not support the story of the prosecution and have turned hostile, therefore, the prosecution story becomes doubtful. Learned counsel for the applicant invited attention of this Court that co-accused Leela has already been granted the benefit of bail therefore, he seeks parity. Applicant is in custody since 24.08.2023. Charge sheet has since been filed, therefore, further custodial interrogation is no more required. Applicant has no criminal antecedent and he is permanent resident of District Gwalior (M.P.) and there is no possibility of her absconsion or tampering with the prosecution evidence. Hence, he prays for grant of bail to the applicant.

Per contra, learned counsel for the State vehemently opposed the bail application 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. 50,000/- (Rupees Fifty Thousand Only) with two solvent sureties 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 herself 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 any other offence or will not repeat the offence in future. In case, if he/she is found involving in the offence of the same nature, this bail order shall stand cancelled automatically without further reference to the Bench.

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.