Bhola @ Kalyan vs State Of Madhya Pradesh

The petitioner has filed this first application u/S. 439 of Cr.P.C. for grant of bail

The petitioner has been arrested on 22/11/2019 by Police Station Gormi, District Bhind (M.P.) in connection with Crime No.355/2019 registered in relation to the offences punishable u/S. 392 IPC & Sec. 11/13 of the MPDVPK 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.

Robbery is alleged against the petitioner.

Charge-sheet has been filed after conclusion of investigation where petitioner has not been named in the FIR and further no recovery is alleged to be made from him. Custodial interrogation may not be necessary in view of completion of investigation. However, in the absence of case-diary, presence of antecedents are presumed to exist.

Considering the above facts and that early conclusion of the trial is bleak possibility and prolonged pre-trial detention is anathema to the concept of liberty and the material placed on record does not disclose possibility of the petitioner fleeing from justice, this Court is inclined to extend the benefit of bail to the petitioner but with certain stringent condition in view of criminal antecedents.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the petitioner be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with two solvent sureties each of Rs. 25,000/-to the satisfaction of the concerned Trial Court.

This order will remain operative subject to compliance of the following conditions by the petitioner :-

The petitioner will comply with all the terms and conditions of the bond executed by him;

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

The petitioner 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 petitioner shall not commit an offence similar to the offence of which he is accused;

The petitioner will not seek unnecessary adjournments during the trial; and

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

The petitioner shall mark his presence before the trial court once every fortnight till conclusion of trial.

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