Imran Khan vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

The petitioner has filed this second application u/S.439 of Cr.P.C. for grant of bail.

The petitioner has been arrested on 11.12.2019 by Police Station Gwalior, District Gwalior (M.P.) in connection with Crime No.40/2015 registered in

relation to the offence punishable u/Ss.399, 400, 402 of IPC, u/S. 11/13 of the MPDVPK Act and u/S. 25/27 of Arms Act.

Learned Panel Lawyer 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.

This is the case of bail jump where it is seen that the petitioner has twice jumped bail during the commission of this offence sometime in 2015.

However, facts remains that about four prosecution witnesses have been examined and the remaining who are left are all police personnel. Petitioner

has criminal antecedents. Considering the fact that remaining witnesses are police personnel, therefore release of the petitioner would not be at the

risk of influencing prosecution witnesses 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 is though inclined to

extend the benefit of bail to the petitioner but with certain stringent condition looking to the criminal antecedents.

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.

Certified copy as per rules.