Babulal Ahirwar vs State Of Madhya Pradesh

The applicant has filed this Third application u/S 439, Cr.P.C. for grant of bail. The first bail application was dismissed as withdrawn vide order dated

11/11/2019 passed in M.Cr.C No. 43510/2019 and the second bail application was also dismissed as withdrawn vide order dated 24/01/2020 passed in

M.Cr.C. No. 53405/2019 with liberty to repeat the prayer for bail after recording statement of the injured. The applicant has been arrested by Police

Station Kotwali, District Vidisha in connection with Crime No. 383/2019 registered in relation to the offences punishable u/S. 307, 294, 506, 34 of IPC

and section 25 of Arms Act.

As per prosecution story, short facts of the case are that the complainant was present in his house, at that time, somebody knocked his door, due to

which, he opened the door and found that the co-accused Mahendra was present on his door steps and he assaulted the complainant by means of

knife on his right hand and second time the accused assaulted the complainant on his left hand, due to which, he sustained injuries, in the meantime, the

complainant's sister namely Shivani came to rescue him, at that time, the co-accused assaulted her by means of knife on her chest, due to which she

sustained injuries, the present applicant caught hold the neck of the victim. Thereafter, all the accused persons by using filthy language against the

complainant, fled away from the spot. On the basis of aforesaid, the applicant has been implicated in the present case.

Learned counsel for the applicant submits that applicant aged 55 years has been falsely implicated in the case. The charge sheet has since been filed

and further custodial interrogation of the applicant may not be necessary. The statement of injured witnesses have been placed on record, in which, it

has been stated that the applicant has caught hold the victim Ajay and not the seriously injured victim Shivani. There is no likelihood of escalation of

the offence on higher count. It is further submitted by the learned counsel for the applicant that the applicant is the sole bread earner of his family, if

he is not released on bail, his entire family will come at the verge of starvation. The applicant is a reputed citizen of his locality. There is no possibility

of his absconsion or tempering with the prosecution evidence, if he is released on bail. The applicant is in custody since 20/07/2019 and early

conclusion of the trial is a bleak possibility and prolonged pre-trial detention is an anathema to the concept of liberty. Under these circumstances, he

prays for grant of bail.

Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the

material available on record, no case for grant of bail is made out.

After hearing aforesaid arguments and looking to the facts and circumstances of the case, without expressing any opinion on merits of the case, this

application is allowed but with certain stringent condition in view of nature of offence and it is directed that the applicant be released on bail on

furnishing a personal bond in the sum of Rs. 1,00,000/- (Rs. One Lakhs only) with two local solvent sureties in the like amount to the satisfaction of

the concerned trial Court.

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

He will cooperate in the investigation/trial, as the case may be;

He 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;

He shall not commit an offence similar to the offence of which he is accused;

He will not seek unnecessary adjournments during the trial; and

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

If, the applicant commits any offence after being released on bail, then this bail order shall automatically stands cancelled without further reference

to this Court.

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

C.c. as per rules.