Awdhesh Jatav vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

The applicant has filed this second application under Section 439 Cod of Criminal Procedure for grant of bail. Earlier first bail application of the applicant was dismissed as withdrawn by this Court vide order dated 09/06/2022 in M.Cr.C. No.26276/2022.

Applicant has been arrested on 15/05/2022 by Police Station Dehat, District Bhind (M.P.) in connection with Crime No.411/2021 registered for offence under Sections 392 and 397 of IPC and Sec. 11, 13 of M.P.D.V.P.K. Act.

It is submitted by learned counsel for the applicant that the applicant has not committed any offence. He has falsely been implicated in this case. Applicant is innocent and he is in custody since 15/05/2022. Omnibus allegations have been made against the present applicant. It is further submitted that in the TIP, the applicant has not been identified. There is no criminal history against the present applicant. Trial will take its own time. Earlier co-accused Shayamu Kushwah and Lallu @ Prem Singh have been released on bail vide order dated 08/04/2022 and 22.04.2022 passed in M.Cr.C. Nos. 17546/2022 and 19885/2022 respectively, therefore, he seeks parity. Applicant is ready and willing to abide by any condition which may be imposed by this Court. Hence, prays for grant of bail to the present applicant.

Learned State counsel has vehemently opposed the prayer and has submitted that in the present case, the present applicant along with other co-accused have fired over the vehicle, due to which, the aforesaid vehicle has been damaged. Hence, learned State counsel prayed to reject this application filed for grant of bail to the applicant.

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

Considering the arguments advanced by learned counsel for the parties along with facts and circumstances of the present case, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety in the like amount to the satisfaction of the Court concerned for his regular appearance before the trial Court concerned on the dates fixed by it.

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 them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit any kind of offence. In case of commission of any kind of offence, this bail order shall automatically stand cancelled and whole amount of bail bonds shall be forfeited;

The applicant will not move in the vicinity of complainant party 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;

The applicant shall mark his presence before the SHO of the concerning police station once in every month till conclusion of trial.

Application stands disposed of in above terms.

Let a copy of this order be sent to the trial Court concerned for compliance.

Certified copy/ e-copy as per rules/directions.