Brajmohan Shrivastav @ Monu vs State Of M.P

The applicant has filed this second bail application u/S.439, Cr.P.C. for grant of regular bail. First application was dismissed as withdrawn vide order dated 09.07.2019 passed in M.Cr.C.No. 27736/2019.

The applicant has been arrested by Police Station Dabra, District Gwalior in connection with Crime No.311/2019 registered in relation to the offences punishable u/Ss. 341, 307, 34 of IPC.

Learned counsel for the applicant submits that the applicant has not committed any offence. The applicant has been falsely implicated. The applicant is in custody since 19.06.2019. The investigation is complete and the charge sheet has been filed. The trial will take time. There is no possibility of his absconding or tampering with the prosecution case. Under these circumstances, counsel for the applicant prays for grant of bail to the applicant.

Learned Panel Lawyer for the State opposed the prayer and submitted that the investigation is complete and charge sheet has been filed. Hence, prayed for dismissal of the application.

Heard learned counsel for the parties and perused the case diary.

Considering the submissions advanced by the counsel for the rival parties and the facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court deems it appropriate to allow this application in the following terms.

It is hereby directed that the applicant shall be released on bail on his furnishing a personal bond of Rs.75,000/- (Rupees Seventy Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the 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 acquitted 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 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

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

A copy of this order be sent to the Court concerned for compliance as well as copy of the order be given to the learned Panel Lawyer with a direction to keep the same in the concerned case diary.

Certified copy as per rules.