Jagdish Adivasi vs State of Madhya Pradesh

The applicant has filed this first application under Section 439 Cr.P.C for grant of bail.

Applicant has been arrested on 16.05.2024 by Police Station Baghwa, District Chhatapur (M.P.) in connection with Crime No. 277 of 2023 registered for offence punishable under Sections 147, 148, 323, 324, 294, 506, 326 of IPC.

Learned counsel for the applicant submits that on the report of Amresh Adiwasi FIR No.276 of 2023 was registered against the opposite party which was registered prior to crime no.277/2023. The applicant is innocent and have falsely been implicated in the present case. The applicant is in custody since 16.05.2024. The applicant is permanent resident of Distt.Chhatarpur and there is no likelihood of his absconsion or tampering with the prosecution evidence. He is ready to abide by the terms and conditions as may be imposed. With the aforesaid submissions, prayer for grant of bail is made out.

Per contra, learned counsel for the respondent/State has opposed the bail application.

Looking to the facts and circumstances of the case, 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.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the trial Court/committal Court for their appearance on the dates given by the concerned 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 tor to the Police Officer, as the case may be;

The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;

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.

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

Certified copy as per rules.