Devisingh vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard and also perused the case diary.

This is the applicant's first application under Section 439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.520/2021

registered at Police Station-Kotwali, District-Shajapur (MP) for offence punishable under Sections 341, 307, 323, 294, 506/34 of the IPC. Applicant is

in jail since 28.12.2021.

Allegation against the applicant is of causing grievance injuries to the complainant along with the other accused persons.

Counsel for the applicant has submitted that the applicant has not been named in the FIR and there is no identification. It is further submitted that there

are no other criminal antecedents registered against the applicant; he is in jail since 28.12.2021 and the final conclusion of the trial is likely to take long

time. In such circumstances, counsel has submitted that the application be allowed and the applicant be released on bail.

Counsel for the State, on the other hand, has opposed the prayer and it is submitted that from the possession of the applicant a stick has also been

recovered and the main accused Larsingh Gurjar on the memo prepared under Section 27 of the Evidence Act has named the present applicant, who

was also present on the spot and has participated in the incident. Thus, no case for grant of bail is made out.

Having considered the rival submissions, on perusal of the case diary, taking note of the fact that the applicant is implicated on the basis of the memo

under Section 27 of the Evidence Act, however, his plausible involvement is in the offence, the application deserves to be allowed. Accordingly,

without adverting to the merits of the case, the application filed under Section 439 of the Cr.P.C., on behalf of the applicant is hereby allowed subject

to his depositing a sum of Rs.10,000/-(Rupees Ten Thousand only) in the manner as provided hereunder, and the said amount shall be subject to the

final outcome of the case by the trial court.

The applicant is directed that upon the applicant's or any other person on his behalf, depositing a sum of Rs.10,000/- (Rupees Ten Thousand only) in a

fixed deposit in a Nationalized Bank and producing the receipt/certificate of the same before the concerned trial Court, he shall be released on bail

upon furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of the like amount to the

satisfaction of the trial Court for his / her regular appearance before the trial Court during trial 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) Criminal Procedure Code, 1973.

The deposit receipt/certificate so produced by the applicants shall be endorsed by the learned Judge of the lower Court to be, 'furnished towards the

bail of the applicants and shall be subject to the final decision of the case by the trial Court'.

It is also observed that if the applicant is found to be involved in any criminal activities, after his release on bail, then the present bail order shall stand

cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy, as per rules.