Bhagwan Singh alias Pappu Yadav vs State of M.P.

Sheel Nagu, J.—Case Diary is perused. Learned counsel for the rival parties are heard.

The applicant has filed this third application u/s. 439, Cr.P.C. for grant of bail after rejection of the first one on 10.04.2013 in M.Cr.C. No. 1402/2013 on merits and second on 18.06.2013 in M.Cr.C. No. 3626/2013 as withdrawn. The applicant has been arrested on 26.01.2013 by Police Station Dinara, District Shivpuri in connection with Crime No. 07/2013 registered in relation to the offences punishable u/s. 392, 120B /34 of IPC; Ss. 11 and 13 of MPDVPK Adhiniyam; and Ss. 25 and 27 of the Arms Act.

Learned Panel Lawyer 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.

The new ground raised herein is enlargement of co-accused Santu alias Santo and Kallu by the orders dated 15.04.2013 in M.Cr.C. No. 1438/2013 and dated 25.06.2013 in M.Cr.C. No. 4640/2013 respectively and the only difference, which appears to exist between the case of the applicant and the said co-accused, who have been enlarged on bail, is that no TIP in regard to the said co-accused was conducted; whereas in the case of the applicant TIP was conducted and he was recognized.

Considering the fact that the applicant is in custody since last more than 8 months and the trial does not seem to have progressed any further as contended by the learned counsel for applicant and the adverse effect, which existed due to difference between the case of the said co-accused and the applicant of being recognized in TIP, has to some extent paled into insignificance and that the early conclusion of the trial is a bleak possibility and pre-trial detention is anathema to the concept of liberty and the material placed on record does not disclose possibility of the applicants 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 the criminal antecedents.

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 of Rs. 1,00,000/- (Rs. One Lac only) with two solvent sureties, each of Rs. 50,000/-, 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/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.

Looking to the criminal antecedents, the applicant will mark his attendance at the concerned trial Court once in a fortnight.

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