Ballu @ Bhup Singh And Another vs State Of Madhya Pradesh

This is first application u/S. 438 Cr.P.C. for grant of anticipatory bail by the petitioners.

Petitioner apprehend arrest in connection with offences punishable u/Ss. 326, 294, 323, 506/34 IPC registered as Crime No. 176/19, by Police Station

Pichhore, District Gwalior (M.P.).

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 anticipatory bail is made out.

As per allegation of prosecution both the petitioners assaulted the injured. Specific allegation against petitioner No.1-Ballu @ Bhup Singh is of merely

causing lathi blow on the head and other parts of the body but none led to sustenance to grievous injury.

However, as regards petitioner No.2-Raghvendra Singh it is alleged that he has caused pharsa injury on the arm causing fracture of radius bone of

right hand.

In view of allegation against petitioner No.2-Raghvendra, no case is made out for grant of anticipatory bail to petitioner No.2-Raghvendra Singh.

Accordingly the present application so far it relates to petitioner No.2-Raghvendra Singh, stands rejected.

As regards petitioner No.1-Ballu @ Bhup Singh considering the nature of allegation and that no grievous injury is attributed to him. coupled with the

fact that the material placed on record does not disclose possibility of the petitioner No.1-Ballu fleeing from justice, this court is inclined to extend

benefit of bail to petitioner No.1-Ballu @ Bhup Singh but with certain stringent conditions in view of pending investigation .

Accordingly, without expressing any opinion on merits of the case, I deem fit appropriate to allow this application u/S. 438 of Cr.P.C. so far as

petitioner No.1-Ballu @ Bhup Singh is concerned in the following terms.

It is hereby directed that in the event of arrest, petitioner No.1-Ballu @ Bhup Singh shall be released on bail on furnishing a personal bond in the sum

of Rs. 50,000/- (Rs. Fifty Thousand only) with two solvent sureties each of Rs.25,000/- to the satisfaction of the Arresting Authority.

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

The petitioner No.1-Ballu @ Bhup Singh will comply with all the terms and conditions of the bond executed by him;

The petitioner No.1-Ballu @ Bhup Singh will cooperate in the investigation/trial, as the case may be;

The petitioner No.1-Ballu @ Bhup Singh 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 petitioner No.1-Ballu @ Bhup Singh shall not commit an offence similar to the offence of which he is accused;

The petitioner No.1-Ballu @ Bhup Singh will not seek unnecessary adjournments during the trial;

The petitioner No.1-Ballu @ Bhup Singh will not leave India without previous permission of the trial Court/Investigating Officer, as the case may

be,

The petitioner No.1-Ballu @ Bhup Singh shall mark his presence before the police station concerned firstly on 17/3/2020 and thereafter once every

week till conclusion of investigation.

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

C.c. as per rules.