Guddu Khan vs State Of Madhya Pradesh

Sunita Yadav, J

This is the first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail relating to FIR No.91 of 2023 registered at Police Station Pathariya, District Vidisha (M.P.) for the offence under Sections 458, 394, 457, 380, 324/34 of IPC.

Prosecution story in short is that the applicant alongwith other co- accused person entered into the shop of complainant with intention to commit robbery after breaking the lock when the complainant intercepted, they beaten him and caused injury by means of axe and other sharp edge weapon.

Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. He is in custody since 15.07.2023. After conclusion of investigation, charge-sheet has been filed, therefore, further custodial interrogation is no more required. Applicant has no criminal antecedent. No role has been attributed to the applicant for inflicting injuries by means of Axe to the victim. The co-accused Yunus Khan has since been enlarged on bail vide order dated 3rd October, 2023 passed in M.Cr.C. No. 43595/2023. He is permanent resident of District Vidisha (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence. Hence, he prays for grant of bail to the applicant.

Per contra, learned counsel for the State vehemently opposed the bail application and prayed for its dismissal.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.100,000/- (Rupees One Lakh Only) with two local solvent sureties in the like amount to the satisfaction of the trial Court.

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

1) The applicant will comply with all the terms and conditions of the bond executed by him;

2) The applicant will cooperate in the investigation/trial, as the case may be;

3 ) 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;

4 ) The applicant will not commit any other offence or will not repeat the offence in future. In case, if he/she is found involving in the offence of the same nature, this bail order shall stand cancelled automatically without further reference to the Bench.

5) The applicant will not seek unnecessary adjournments during the trial; and

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

7) The applicant shall mark his presence before the SHO of the conerning Police Station in the first week of every month at 10 Am till conclusion of the trial, failing which, this bail order shall stand cancelled automatically without further reference to this Court.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.