Bhoora @ Bhure @ Satendra Singh vs State of M.P.

Sheel Nagu, Judge

Case Diary is perused. Learned counsel for the rival parties are heard.

This is first application u/s 439 Cr.P.C. by the applicant for grant of bail. Applicant has been arrested in connection with crime No. 22/2012, registered at Police Station- Bharoli, District-Bhind (M.P.) u/Ss. 307, 506/34 of IPC on 31/08/2012, since when applicant is in judicial custody.

Learned Public Prosecutor for respondent/State has opposed the bail application and prays for its rejection by contending that on the basis of the allegation and the material available on record, no case for grant of bail is made out.

Considering the fact that the applicant is in custody since 31/08/2012, charge-sheet has since been filed and though there is allegation of use of fire arm against the applicant but no injury has been caused to anyone and no fire arm has been recovered from the applicant and trial is not likely to be concluded at an early date and prolonged pretrial detention being an anathema to the concept of liberty, this court is inclined to extend the benefit of bail to the applicant but with certain stringent conditions in view of the presence of criminal antecedents.

Accordingly, the present application is allowed and it is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac Only) with two solvent sureties of the like amount to the satisfaction of the Trial Court.

This order will remain 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 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

The applicant will not leave India without previous permission of the trial court/Investigating Officer, as the case may be; and.

In view of the nature of offence, applicant will mark his attendance before the concerning trial court once in a fortnight.

A copy of this order be sent to the Court concerned for compliance. Certified copy as per rules.