Daan 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. 141/2012, registered at Police Station Pichhore, District- Shivpuri, (M.P.) u/Ss. 323, 294, 342, 336, 506B, 34, 307 & 302 of IPC on 16/05/2012, 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 16/05/2012 and the charge-sheet has since been filed and the prosecution story discloses that though there are allegations that the applicant alongwith other co-accused persons assaulted the deceased with stones, but the MLC report discloses grievous injuries on the limbs and not on any vital part of the body, whereas postmortem report discloses that the death of the deceased was due to injuries on the lings, whereas, none of the ribs are reported to be fractured as the MLC report does not disclose any injury on the chest of the deceased rendering the prosecution story doubtful which on prima facie basis should weigh in favour of the applicant and since applicant has no criminal antecedents as stated by the State counsel 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.

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 each of Rs. 50,000/- 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; and

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

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