Bheekam Singh vs State Of Madhya Pradesh

The applicant has filed this fourth application under section 439 of the Cr.P.C. for grant of bail. The first one was dismissed as withdrawn vide order

dated 9/9/2019 passed in M.Cr.C. No.33393/2019, second one was rejected on merits vide order dated 5/11/2019 passed in M.Cr.C. No.41002/2019

and the third application was dismissed for want of material change in the circumstances of the case vide order dated 17/12/19 passed in M.Cr.C.

No.52453/2019.

The applicant has been arrested by Police Station Joura, District Morena, in connection with Crime No.205/19 registered in relation to the offences

punishable under sections 307, 294, 325, 147, 148, 149 of the IPC and 25/27 of the Arms Act.

Allegations against the applicant, in short, are that on account of some dispute, he had caused gunshot injury to the complainant.

Learned counsel for the applicant submits that the applicant has been falsely implicated. He is in custody since 2/7/2019. After rejection of the earlier

applications, all the material witnesses including injured Mahesh (PW1) have been examined at the trial and they have turned hostile. The applicant is

a permanent resident of Village Singhora, P.S. Joura, District Morena and there is no likelihood of his absconsion, if released on bail.

Learned Public Prosecutor 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.

However, it would not be desirable to enter into the merits of the rival contentions at this juncture. Considering the material change in the

circumstances of the case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to

the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

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

Singh be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with two solvent sureties each in the

like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given 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 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.

If the applicant commits any offence while on bail, this order shall automatically stand cancelled without reference to the Court.

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

C.c. as per rules.