Chandrapal Singh Alias Tundu vs State Of Madhya Pradesh

The applicant has filed this first application under section 439 of the Cr.P.C. for grant of bail.

The applicant has been arrested by Police Station- Kailaras, District- Morena in connection with Crime No.64/18 registered in relation to the offences

punishable under Sections 302, 307, 147, 148, 149 and 120-B of IPC.

Allegations against the applicant, in short, are that the applicant admittedly wielded a gun. The applicant alongwith two others co-accused persons

namely- Nitu and Kamal Singh alias Dhoni fired gunshot on the complainant. On the basis of aforesaid, the present applicant has been implicated in

the present case.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and he is not concerned with the case

directly or indirectly. He is in custody since 3/2/2020. It is further submitted by the counsel for the applicant that PW-1 to PW-7 have turned hostile

and they have not supported the prosecution case. Charge-sheet has been filed and further custodial interrogation of the applicant is not necessary.

Co-accused persons have already been enlarged on bail by this Court vide orders dated 22/10/2019 and 17/2/2020 passed in MCRC Nos.43752/2019

and 48448/2019 respectively and the applicant deserves parity in treatment. With the aforesaid submissions, prayer for grant of bail is made.

On the other hand, learned Public Prosecutor has opposed the application and prayed for its rejection contending that on the basis of the allegations

and the material available on record, no case for grant of bail is made out.

After hearing aforesaid arguments and looking to the facts and circumstances of the case, without expressing any opinion on merits of the case, this

application is allowed but with certain stringent conditions and it is directed that the applicant namely Chandrapal Singh alias Tundu be released on bail

on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with two solvent sureties each of Rs.50,000/- (Rupees Fifty

Thousand Only) 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 any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically

without further reference to the Bench.

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.

Till conclusion of the trial, the applicant shall appear and mark his attendance before the concerned trial Court once in every month.

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

Certified copy as per rules.