Bharat vs State Of Madhya Pradesh

The applicant has filed this first application under section 439 of the Cr.P.C. for grant of bail.

The applicant has been arrested on 6.8.2019 by Police Station Mungaoli, District Ashoknagar, in connection with Crime No.402/2019 registered in relation to the offence punishable under Sections 307, 294, 456, 327, 506, 34 of IPC.

The allegations against the applicant and co-accused, in short, are that they forcefully entered in the house of the complainant and started using filthy language and also beat them. Thereafter present applicant pointed .315 bore Katta on complainant.

Learned counsel for the applicant submits that the applicant has falsely been implicated in the matter. He is in custody since 6.8.2019. Charge sheet has been filed and disposal of the matter will take long time. No further custodial interrogation is required. It is submitted that according to the MLC, complainant has received only simple injury and there is no gunshot injury. The trial will take some time. It is further submitted that applicant is ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made.

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.

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.50,000/- (Rupees Fifty Thousand only) with two solvent sureties to the satisfaction of the concerned trial Court/Committal Court for his appearance during trial on the dates fixed by the concerned 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.

It is made clear that in case of bail jump, this order shall automatically stand cancelled.

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

Certified copy as per rules.