Kailash vs State of M.P.

Sheel Nagu, J.—Learned counsel for the rival parties are heard. Applicant apprehends arrest in connection with offences punishable under Sections 147, 148, 323, 294, 427, 307 & 506-B of IPC registered as Crime. No. 37/2012 at Police Station Picchore, District Shivpuri.

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 anticipatory bail is made out.

Considering the facts that in the first statement of the injured name of the applicant has not been mentioned whereas the name of the co-accused Bundel Singh has been referred to as assailant and that subsequently when the injured survived, his statement u/s 161 discloses the name of all the co-accused and the applicant coupled with the fact that co-accused Jihan Singh another co-accused Badam Singh alias Badal. Ramraja. Kailash Phulli alias Inderpal and Jagdish have been extended the benefit of bail by order dated 15.06.2012 passed in M.Cr.C. No. 3633/2012, dated 24.04.2012. M.Cr.C. No. 3829/2012, M.Cr.C. No. 2223/2012, dated 27.04.2012, M.Cr.C. No. 2421/2012, dated 01.05.2012, M.Cr.C. No. 2304/2012, dated 01.05.2012. M.Cr.C. No. 2571/2012, dated 09.05.2012. M.Cr.C. No. 2369/2012 & dated 08.05.2012, M.Cr.C. No. 2490/2012, this Court without expressing any opinion on merits of the case is inclined to extend the benefit of anticipatory bail to the applicant in view of the submission of the learned counsel'' for the applicant who has placed reliance on the case of Arjun Singh and Anr. v. State of M.P. 1986 C.Cr. J. 128, to contend that once an accused is granted bail u/s 439, the co-accused should not be denied bail merely because of applying u/s 438 Cr.P.C.

Accordingly. I deem it appropriate to allow this application u/s 438 Cr.P.C. in the following terms. It is hereby directed that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond of Rs. 75,000/- (Rupees Seventy Five Thousand only) with two solvent sureties of the like amount to the satisfaction of Arresting Authority.

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 present 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 applicant shall not commit an offence similar to the offence of which he is accused;

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 Court concerned for compliance.