Ghamandi Rawat vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

Applicant has filed this second application u/S.439 Cr.P.C for grant of bail. Earlier first bail application was dismissed as withdrawn vide order dated 26/08/2022 passed in M.Cr.C. No. 37238/2022.

Applicant has been arrested on 15/07/2022 by Police Station Sabalgarh District Morena (M.P.) in connection with Crime No.10/2022 registered for offence under Sections 324, 323, 294, 506, 147, 148, 307 and 302 of the IPC.

I t is submitted by counsel for the applicant that the applicant has not committed any offence and he has falsely been implicated. Applicant is in custody since 15/07/2022. Initially offence registered under Sections 324, 323, 294, 506, 147, 148 which were bailable offences. Thereafter, Section 307 of the IPC was enhanced. Later on deceased died, therefore, offence was enhanced under Section 302 of the IPC. When FIR was lodged, name of the present applicant was not reflected in the FIR and around 11 days later statement under Section 161 of the Cr.P.C was recorded then first time name of present applicant was reflected. Earlier co-accused Mukesh Rawat has been released on bail by this Court vide order dated 18/10/2022 passed in M.Cr.C. No. 43356/2022 and his case is on same footing to the present applicant. Remaining trial will take its own time. Applicant is ready and willing to abide by any condition which may be imposed by this Court. Hence, on the basis of parity, prayed for grant of bail.

Learned State counsel has vehemently opposed the application. Hence, considering the nature and the gravity of offence, the applicant is not entitled for grant of bail.

Heard counsel for the parties at length and and perused the case diary. Considering the arguments advanced by counsel for the parties coupled with the fact that applicant is in custody since 15/07/2022 and the co-accused Mukesh Rawat has already been granted bail by this Court and co-accused's case is on same footing to the present applicant, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety in the like amount to the satisfaction of the Court concerned for his regular appearance before the trial Court concerned on the dates fixed by it.

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 from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit any kind of offence. In case of commission of any kind of offence, this bail order shall automatically stand cancelled and whole amount of bail bonds shall be forfeited;

5 . The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;

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

Application stands disposed of in above terms.

Let a copy of this order be sent to the trial Court concerned for compliance.

CC as per rules.