Bunty vs State Of Madhya Pradesh

This second application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant-Bunty, who is implicated in connection with Crime No.353/2011, registered at Police Station-M.I.G, District-Indore, concerning offence under Sections 452, 326, 323, 294, 324, 506 of IPC, 1860. Earlier application was dismissed as withdrawn vide order dated 14/10/2019, passed in M.Cr.C. No.40479/2019.

Learned counsel for the applicant has submitted that on the basis of information given by complainant-Chandbai, offence under Sections 294, 452, 323, 324, 506/34 of IPC, 1860 was registered against the applicant and co-accused Dheeraj. In X-ray examination fracture was deducted to injured Chandbai, therefore, police added offence under Section 326 of IPC. Applicant was arrested by police on 30/05/2011 and he was granted bail by the 20th Additional Sessions Judge, Indore vide order dated 01/08/2011 and thereafter, he was regularly appearing before the trial Court, however, on 17/12/2014, he could not appear before the trial Court, therefore, a non-bailable warrant of arrest was issued against the applicant. In compliance of the aforesaid warrant, the applicant was arrested by police on 25/07/2019. He moved an application for grant of bail, which has been dismissed by the Sessions Court vide order dated 29/07/2019 and on 05/09/2019, since then he is in jail.

Learned counsel for the applicant further submits that there is no allegation against the applicant that he has caused any injury to the injured Chandbai and the said allegation is against co-accused Dheeraj. It is also submitted that compromise has already been taken place between the applicant and complainant-Chandbai, who is also present before this Court and she has no objection in granting bail to the applicant. Learned counsel assures that in future the applicant will regularly appear before the trial Court and he will comply with all the conditions imposed by this Court. To show his bonafide, learned counsel proposed that applicant is ready to deposit Rs.10,000/- (Rupees ten thousand only) from his previous personal bond and prays for grant of bail to the applicant.

Learned Public Prosecutor opposes the application and prays for its dismissal contending that since the applicant has misused the liberty so granted to him, hence no case is made out for for releasing the applicant on bail.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is is directed to be released on bail upon depositing Rs.10,000/-(Rupees ten thousand only) from his/her previous personal bond and on furnishing personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties in the sum of Rs.25,000/- (Rupees twenty five thousand only) each to the satisfaction of the learned trial Court, with a condition that he/she shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) of Cr.P.C.

It is made clear that in future the applicant will regularly mark his presence and in case of a single default the bail shall stand cancelled and he will remain in custody till the disposal of the case.