Bapulal Bheel vs The State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

This is sixth repeat bail application u/S.439 of the Cr.P.C. filed by the applicant for grant of bail after rejection of earlier one on merits vide order

dated 18/07/2019 passed in M.Cr.C.No.27099/2019 with liberty to come again after examination of main witnesses.

The applicant has been arrested on 23/07/2018 by Police Station Chachoda, District-Guna in connection with Crime No.447/2006 registered in relation

to the offence punishable u/Ss.302, 307, 395, 353, 332, 336, 201, 147, 148 and 149 of IPC.

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.

Applicant is in custody since 23/07/2018 where investigation in the matter is over by filing of chargesheet on 16/11/2019. Allegation against the

applicant is omnibus in nature where the applicant was a part of mob comprising a large number of persons which formed unlawful assembly and

attacked on police personnel in which SHO died.

Considering the above facts and in view of the omnibus allegations and no specific allegation on the applicant of causing either any particular injury or

fatal injury and that early conclusion of the trial is a bleak possibility and that prolonged pre-trial detention being an anathema to the concept of liberty

and the material placed on record does not disclose possibility of applicant fleeing from justice, this Court is though inclined to extend the benefit of bail

to the applicant but with certain stringent conditions in view of nature of offence.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on

furnishing a personal bond in the sum pf Rs.50,000/- (Rs. Fifty Thousand Only) with two solvent sureties each of Rs.25,000/- to the satisfaction of the

concerned Trial 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 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 render community service at the hospital/Community Health Centre/ Primary Health Centre situated at or in the vicinity of

village/Tahsil of residence of applicant for three (3) hours everyday including Sunday till the conclusion of trial.

The nature of community service shall be decided and allotted in writing by the CMO/Head of the hospital/Community Health Centre/Primary Health

Centre situated in close vicinity to the place of residence of applicant. Compliance of this condition shall be ensured and verified by issuing certificate

to be jointly signed by head of hospital/Community Health Centre/Primary Health Centre and Sarpanch/Councilor of the Gram Panchayat/Municipality

concerned. This certificate shall be filed before the Registry of this court once in every month. If the Registry finds that either the compliance report is

not filed once in a month or there is something amiss in the compliance report filed then the case be listed as PUD before appropriate Bench.

A copy of this order be sent to the Court concerned and as well as Chief Medical Officer of concerned District for compliance.

C.c. as per rules.