Bharat Dwivedi vs State Of M.P

Rajeev Kumar Dubey, J

This is first application filed under section 439 Cr.P.C. Applicant Bharat Dwivedi was arrested on 12.08.2021 in Crime No. 229/2021 registered at Police Station Lavkush Nagar, District Chhatarpur for the offence punishable under Sections 341, 294, 323, 324, 327, 506, 34 of IPC.

As per the prosecution case, on 03.07.2021 at around 6:30 am complainant Ramesh Kushwaha was going to his village from village Bhaira by jeep on the way near Parsaniya Tiraha applicant and other co-accused persons came in a jeep bearing registration No. MP-16-5777. Applicant and co-accused persons demanded money from complainant for drinking liquor. When he objected co-accused Kamlesh assaulted the complainant Ramesh Kushwaha with a glass bottle due to which he sustained injury in his head and applicant and other co-accused persons also assaulted the complainant.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. It is further submitted that co-accused Sudhanshu Soni has been granted bail by the trial court. The applicant is in custody since 12.08.2021 and conclusion of trial will take time, hence prayed for release of the applicant on bail.

Learned counsel for the State opposed the prayer and submitted that applicant has criminal past and other offences are also registered against the applicant, so he should not be released on bail.

Looking to the facts and circumstances of the case and the fact that other co-accused Sudhanshu Soni has been granted bail by the trial court, applicant is in custody since 17.08.2021 and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

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 trial;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact 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 prior permission of the trial Court.

C.C. on payment of usual charges.