Kamal Singh vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

The applicant has filed this first bail application u/S.439, Cr.P.C. for grant of regular bail.

The applicant has been arrested by Police Station Dabra, District Gwalior in connection with Crime No.258/2019 registered in relation to the offences punishable u/Ss. 392/34 of IPC and Section 11/13 of M.P.D.V.P.K. Act.

Learned counsel for the applicant submits that the applicant has been falsely implicated due to enmity. The applicant is in custody since 02.05.2019. The investigation is pending and the charge sheet has been filed. There are eight criminal antecedents against the applicant. The trial will take time. The applicant has not committed any offence. Co-accused person of the present crime has already been granted bail by this Court and the case of the present applicant is also similar to that the aforesaid co-accused person.

There is no possibility of his absconding or tampering with the prosecution case. Under these circumstances, counsel for the applicant prays for grant of bail to the applicant.

Learned Panel Lawyer for the State opposed the prayer on the ground that the applicant has committed the offence. Seized mobile has been recovered from the possession of the applicant. Hence, she prayed for dismissal of the application.

Heard learned counsel for the parties and perused the case diary.

Considering the submissions advanced by the counsel for the rival parties and the facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court deems it appropriate to allow this application in the following terms. It is hereby directed that the applicant shall be released on bail on his furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety 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 :-

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 acquitted 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 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; and

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

A copy of this order be sent to the Court concerned for compliance as well as copy of the order be given to the learned

Panel Lawyer with a direction to keep the same in the concerned case diary.

Certified copy as per rules.