Brajesh vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

The petitioner has filed this second repeat application u/S. 439 of Cr.P.C. for grant of bail after rejection of earlier one (Mcrc.51188.2019) on

10.12.2019 on merits.

The petitioner has been arrested on 28.07.2019 by Police Station Dharnawada, District Guna (M.P.) in connection with Crime No.299/2019 registered

in relation to the offences punishable u/Ss.302, 201 IPC.

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.

New ground raised by learned counsel for the petitioner is that remaining main witness i.e. Premnarayan (PW-8) has been examined on 30.01.2020.

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 conditions looking to the nature of offence.

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 a week till conclusion of trial.

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

Certified copy as per rules.