Gajraj vs State Of Madhya Pradesh

The petitioner has filed this seventh repeat application u/S. 439 of Cr.P.C. for grant of bail after rejection of earlier ones on merits and by granting

liberty to come again after examination of eye-witness by order dated 16/8/2019 in Mcrc 30130/2019.

The petitioner has been arrested on 8/11/2017 by Police Station Dharnabada, District Guna (M.P.) in connection with Crime No.118/15 registered in

relation to the offences punishable u/Ss. 302, 323, 147, 148, 149, 120-B IPC & Sec. 25/27 of the Arms Act.

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.

New ground raised by learned counsel for petitioner is that sole eye-witness namely Shivkumar in regard to whom liberty was granted earlier could

not be examined as he is absconding in regard to another offence, for which the order-sheets of the trial court dated 25/6/2019 is pressed into service.

It is further submitted by learned counsel for the petitioner that all the other main PWs have been examined. In similar circumstances co-accused

Ashan has since been admitted to bail by order dated 22/1/2020 in Mcrc 51532/19 and therefore there is no reason to take a different view than the

one taken in case of above said co-accused.

Considering the above facts and that early conclusion of the trial is bleak possibility and prolonged pre-trial detention is anathema to the concept of

liberty and the material placed on record does not disclose possibility of the petitioner fleeing from justice, this Court though is inclined to extend the

benefit of bail to the petitioner but with certain stringent condition looking to nature of offence.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the petitioner be released on bail on

furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with two solvent sureties each of Rs. 25,000/-to the satisfaction of the

concerned Trial Court.

This order will remain operative subject to compliance of the following conditions by the petitioner :-

The petitioner will comply with all the terms and conditions of the bond executed by him;

The petitioner will cooperate in the investigation/trial, as the case may be;

The petitioner 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 petitioner shall not commit an offence similar to the offence of which he is accused;

The petitioner will not seek unnecessary adjournments during the trial; and

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

The petitioner shall mark his presence before the trial court once every fortnight till conclusion of trial.

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