Mithlesh Tomar vs State Of Madhya Pradesh

This is fifth application under Section 439 of CrPC for grant of bail. The applicant has been arrested on 03/12/2018 in connection with Crime No.901/2018 registered at Police Station Bahodapur, District Gwalior for offence under Sections 304-B, 34 of the IPC.

It is submitted by learned counsel for the applicant that this is the fifth regular bail application of the applicant. Earlier application was dismissed on merits. Thereafter, change in circumstance is that all six important prosecution witnesses have been examined, therefore, there is no possibility of influencing any witness. It is further submitted that the present applicant is the mother-in-law of the deceased and is in custody since more than one year. The trial is likely to take sufficiently long time. Hence, prayed for grant of bail to the applicant.

Per contra, learned State counsel has opposed the same and has submitted that there is no change in circumstance under which this bail application can be considered. It is further submitted that all the witnesses examined before the trial Court have supported the prosecution story. Hence, prayed to reject the bail application of the applicant.

In view of the fact that now there is no possibility of influencing the prosecution witness as well as the pretrial detention of the applicant, without commenting on merits of the case, the application is allowed. It is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lakh Only) withe one surety in the like amount to the satisfaction of the Trial Court to appear before the Court on the dates given 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 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 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.