Kheri Gurjar vs State of M.P.

Sheel Nagu, Judge

Case Diary is perused. Learned counsel for the rival parties are heard.

This is First application u/s 439 Cr.P.C. by the applicant for grant of bail. Applicant has been arrested in connection with crime No. 44/2012 registered at Police Station Unav, district Datia (M.P.) 302, 364, 34 of IPC and 11/13 of M.P.D.V.P.K. Act on 09.04.2012 since when applicant is in judicial custody.

Learned counsel for applicant submitted that the applicant is innocent and has been falsely implicated in the instant case and the disposal of the case will take time. On these grounds prayed for grant of bail.

Learned Panel Lawyer for respondent/State has opposed the bail application and prays for its rejection by contending that on the basis of the allegation and the material available on record, no case for grant of bail is made out.

Considering the fact that applicant is in custody since 09.04.2012 and investigation has been completed and prosecution story discloses the evidence of last seen against the applicant alongwith the statement of the applicant recorded u/s 27 of Indian Evidence Act and, therefore, it appears that applicant has been implicated more based on indirect evidence than direct and since prolonged pretrial detention being an anathema of the concept of liberty, this Court is though inclined to extend the benefit of bail to the applicant, but with certain stringent conditions as the applicant has criminal antecedents.

Without expressing any opinion on merits of the case, the present application is allowed and it is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac only) with two solvent sureties of Rs. 50,000/- each in the like amount to the satisfaction of the Trial Court.

This order will remain 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 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.

Looking to the criminal antecedents, the applicant will mark his attendance at the concerned Police Station twice in a week.

A copy of this order be sent to the Court concerned for compliance. Certified copy as per rules.