Bhagwan Singh Tomar vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

I. A. No.7894/2021, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

This is second application under Section 439 of CrPC for grant of bail. The applicant has been arrested on 5/1/2021 in connection with Crime No.2/2021 registered at Police Station Mahua, District Morena for offence under Sections 307, 451, 294, 34 of the IPC.

It is submitted by learned counsel for the applicant- Bhagwan Singh Tomar that this is the second bail application of the applicant. Earlier application was dismissed as withdrawn by this Court vide order dated 4/2/2021 passed in M.Cr.C. No.5922/2021 with liberty to file afresh after filing of charge-sheet. Now, the charge-sheet has been filed. The applicant is in custody since 5/1/2021. As per prosecution story, gunshot injury has been caused near knee of the victim. Trial will take its own time. Applicant is ready and willing to abide by any conditions which may be imposed by this Court in case of grant of bail. Hence, prays for grant of bail to the applicant.

Learned counsel for the State opposed the prayer and submitted that the matter is of gunshot injury. Hence, prayed to reject the bail application of the applicant.

Heard learned counsel for the rival parties and perused the materials available on record.

Considering the facts and circumstances of the case, without commenting on 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.75,000/- (Rupees Seventy Five Thousand only) with one solvent surety of the like amount to the satisfaction of the Court concerned for his regular appearance before the Court concerned.

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 them;

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

3 . 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 an offence of which he is accused;

The applicant will not move in the vicinity of complainant party and applicants will not seek unnecessary adjournments during the trial;

6 . The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and

7 . The applicant will inform the SHO of concerned police station about their residential address in the said area and it would be the duty of the State Counsel to send copy of this order to SHO of concerned police station for information;

Application stands allowed and disposed of.

Certified copy as per rules.