Bholu @ Mukesh Sharma vs State of M.P.

Sheel Nagu, J.—Case Diary is perused. Learned counsel for the rival parties are heard.

The applicant has filed this third application u/S 439, Cr.P.C. for grant of bail after rejection of first bail application which was dismissed on merits vide order dated 03/05/2013 passed in MCRC No. 2556/2013 and second bail application which was dismissed as withdrawn without consideration on merits vide order dated 02.07.2013 passed in MCRC No. 4691/2013. The applicant has been arrested by Police Station Malanpur, District Bhind in connection with Crime No. 01/2012 registered in relation to the offences punishable u/Ss. 307, 394, 353, 333, 427 of IPC and section 11 /13 of MPDVPK Act.

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.

Considering the facts that applicant is in custody since 22.03.2013 and the new ground raised in this third bail application is that after completion of the investigation charge-sheet has been filed on 12.06.2013 and the allegation contained in the charge-sheet indicates that though assault was made by the applicant with an Axe, but the same was not resulted into any grievous injury as per X-ray report filed alongwith charge-sheet and the offence punishable u/s 307 of IPC has been alleged for which the applicant has already suffered incarceration of about five months and trial is not likely to conclude in the near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court, though is inclined to extend the benefit of bail to the applicant but with certain stringent condition in view of nature of the offence.

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/- (Rs. Fifty Thousand only) with two solvent sureties of the like amount to the satisfaction of the concerned Trial 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.

The applicant shall appear and mark his attendance once in a fortnight before the trial Court concerned, failing which, this bail order shall stand cancelled automatically without further reference to this Court.

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

C.c. as per rules.