Karua @ Shivram vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

This is 2nd repeat application u/S.439 CrPC filed by the petitioner for grant of bail after rejection of earlier one with liberty to come again after

examination of injured.

Petitioner has been arrested on 01.11.2019 by Police Station Matavasiya District Morena (M.P.) in connection with Crime No.115/2019 registered in

relation to the offences punishable u/S. 307, 323, 294, 506, 34 of IPC.

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 bail is made out.

New ground raised herein is that injured Jaiveer has been examined as PW-2 on 16.01.2020 and therefore, release of the petitioner shall not be at the

risk of influencing prosecution case. Petitioner has no criminal antecedents.

In view of above and looking to the fact that early conclusion of the trial is a bleak possibility and prolonged pre-trial detention being an anathema to

the concept of liberty and the material placed on record does not disclose the possibility of the petitioner fleeing from justice, though this Court is

inclined to extend benefit of bail to the petitioner but with certain stringent conditions in view of nature of offence.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the petitioner-Karua @ Shivram 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 :-

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;

The petitioner will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

The petitioner shall render community service at the hospital/Community Health Centre/Primary Health Centre situated at or in the vicinity of

village/Tehsil of residence of the petitioner for four (3) hours everyday including Sunday till the conclusion of trial.

The nature of community service shall be decided and allotted in writing by the CMO/Head of the hospital/Community Health Centre/Primary Health

Centre situated in close vicinity to the place of residence of petitioner. Compliance of this condition shall be ensured and verified by issuing certificate

to be jointly signed by head of hospital/Community Health Centre/Primary Health Centre and Sarpanch/Councilor of the Gram Panchayat/Municipality

concerned. This certificate shall be filed before the Registry of this Court once in every month.

If the Registry finds that either the compliance report is not filed once in a month or there is something amiss in the compliance report filed then the

case be listed as PUD before appropriate Bench.

A copy of this order be sent to the Court concerned and as well as Chief Medical Officer of concerned District for compliance.

C.c as per rules.