Dinesh Jatav vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

The applicant has filed this second application u/S 439, Cr.P.C. for grant of bail. The first bail application of the applicant was dismissed as withdrawn with liberty to revive the application after suffering considerable period of custody vide order dated 18/02/2019 passed in M.Cr.C.No.6304/2019.

The applicant has been arrested by Police Station Jaura, District Morena in connection with Crime No. 253/2010 registered in relation to the offences punishable u/S. 399, 400, 402 of IPC and section 11/13 of MPDVPK Act and section 25/27 of Arms Act.

This is a case of bail jump. Learned counsel for the applicant submits that the applicant was enlarged on bail during the trial, but on a given date he could not appear before the trial Court due to which his bail bond was forfeited and arrest warrant was issued against him on 29.04.2014. Thereafter, the applicant was arrested on 22/11/2018. Due to his absence for said long period, the Sessions Court did not enlarge him on bail. At present the applicant is in custody since 22/11/2018. He assures that he will attend the trial Court regularly. Under these circumstances he prays for bail.

Learned Public Prosecutor for the State opposed the application and prayed for its rejection by 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 condition in view of nature of offence and bail jump and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rs. One Lakh only) with two local solvent sureties in the like amount 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 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.

The applicant shall appear and mark his attendance before the trial court concerned once in every month till conclusion of the trial, failing which, this bail order shall stand cancelled automatically without further reference to this Court.

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