Arjun Singh vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

The applicant has filed his first bail application under Section 439 of Cr.P.C. for grant of regular bail.

The applicant has been arrested on 24/06/2019 in connection with Crime No.286/2018 registered at Police Station Ron, District Bhind for offence under Section 392 of the IPC and Section 11/13 of MPDVPK Act.

It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the case. Investigation is pending. Complainant has been examined and he did not support the prosecution case and has turned hostile. Nothing has been seized from the possession of the applicant. Presently, the applicant is in custody since 24.06.2019 and he is in custody since last year i.e. October, 2018 in another case. Co-accused person-Shyamu Tomar of the present crime has already been granted bail by this Court and the case of the present applicant is also similar to that the aforesaid co-accused person. There is no possibility of his absconding or tampering with the prosecution case. Hence, prayed for grant of bail to the applicant.

Per contra, the application is opposed by the State counsel on the ground that the applicant has a criminal history and as many as three cases are registered against him.

Considering the fact that the complainant has not supported the prosecution case and looking to the custody period of the applicant, the application is allowed. It is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lakh Only) with two sureties of Rs.50,000/- each to the satisfaction of the trial Court/Committal Court to appear before the Court on the dates given by the concerned 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 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.

The applicant shall appear regularly before the trial Court in during the trial.

A copy of this order be sent to the Court concerned for compliance.

Certified copy as per rules.