Kamruddin Khan vs State Of Madhya Pradesh

This is first application under Section 439 of Cr.PC for grant of bail.

The applicant has been arrested on 26/09/2019 in connection with Crime No.194/2019 registered at Police Station Bhander, District Datia (M.P.) for offence under Sections 399, 402 of IPC, Section 25(1)A of Arms Act 1959 & under Section 11/13 of MPDVPK Act.

It is submitted by learned counsel for the applicant that the applicant has been falsely implicated. The applicant is in custody since 26/09/2019. It is further submitted that no offence has been committed by the applicant. It is further submitted that the investigation is complete and applicant is not at all required for custodial interrogation. It is further urged that application is sole earning member of his family. It is also submitted that there is no criminal antecedent of the applicant. It is further submitted that the applicant is ready and willing to abide by any condition which may be imposed by this Court. There is no possibility of his absconding or tampering with the prosecution case. Hence, prayed for grant of bail to the applicant.

Per contra, learned State counsel has opposed the same and prayed for rejection of the application.

Considering the submissions made by learned counsel for the parties and the facts and circumstances of the case, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant namely Kamruddin Khan be released on bail on furnishing a personal bond in the sum of Rs. 75,000/- (Rupees Seventy Five Thousand only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court/Committal Court for his appearance during trial on the dates fixed 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 or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which she 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.

The applicant shall mark his presence before the concerned police station every fortnight till the trial is completed. On failure, this order shall automatically stand inoperative.

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 Public

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