Anil Kewat vs State Of M.P

Anand Pathak, J

The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 17-11-2021 by Police Station Basai, District Datia in connection with Crime No.134/2021 registered for offence punishable under Sections 324, 323, 294, 506, 34, 326 of IPC.

It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 17-11-2021 whereas charge-sheet has already been filed. It is further submitted that cross FIR has been registered because applicant suffered injury in the hands of complainant party, therefore, offence under Sections 427, 323, 294, 506, 34 of IPC has been registered at Crime No.133/2021. As per allegations, applicant inflicted axe blow to Rishiraj but he sustained abrasion which is simple in nature. Confinement amounts to pretrial detention. Applicant does not bear any criminal record. He further undertakes not to be source of embarrassment and harassment to the complainant party in any manner and would not move in the vicinity of complainant party and would cooperate in trial. He further undertakes to abide by all the terms and conditions of guidelines, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing.

Counsel for the State opposed the prayer and prayed for dismissal of the bail application.

Heard learned counsel for the parties at length and considered the arguments advanced by them.

Considering the submissions as well as the fact of registration of cross-case against the complainant party, but without commenting on the merits of the case, it is hereby directed that the applicant shall be released on bail, on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) alongwith one solvent surety of like amount to the satisfaction of trial Court.

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

1.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 them 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 be a source of embarrassment or harassment to the complainant party in any manner and applicant will not seek unnecessary adjournments during the trial;

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

Applicant shall not be source of harassment and embarrassment to the complainant party in any manner and shall not move in their vicinity.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for information and necessary compliance.

Certified copy as per rules.