Mukesh Singh vs State Of Madhya Pradesh

This is first application filed on behalf of the applicant under Section 439 of Cr.P.C. for grant of bail.

The applicant has been arrested on 26.03.2019 in connection with Crime No.65/2019 registered by Police Station Beohari, District Shahdol for offence punishable under Sections 302/34 and 120-B of IPC as also under Section 25(1)(b) and 27 of the Arms Act.

As per prosecution case, it is alleged that on 11.03.2019 three unknown persons waylaid Autorickshaw being driven by Ramnarayan (since deceased) and fired Katta on him which resulted in profuse bleeding and said Ramnarayan died on the spot. Police registered a case against some unknown persons. Thereafter, during investigation, present applicant and other co-accused persons have been arrested.

Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the case. There is no evidence to indicate that assault has been made by present applicant. Necessary ingredients to constitute offence under Section 302 of IPC as completely missing, thus, no case under Section 302 of IPC is made out against the present applicant. Co-accused Deepak Singh has already been enlarged on bail by this Court vide order dated 14.08.2019 passed in MCrC No.22494/2019. The applicant is in jail since 26.03.2019. Trial will take a long time to conclude. The applicant is permanent resident of the district and there is no likelihood of his absconding or tampering with the prosecution case. On these grounds prayer is made to enlarge the applicant on bail.

Per contra, learned counsel appearing on behalf of the State has opposed the application and prayed for its rejection.

Heard rival contentions of learned counsel for the both parties and perused the case diary as well as entire material available on record.

As per memorandum of present applicant and other co-accused, co-accused-Sameer Shrivastava seems to be a contract killer from whom firearm has been seized. Looking to the memorandum of applicant and other co-accused as well as entire facts and circumstances of the case, this Court is of the view that the applicant may be enlarged on bail, hence, without expressing any opinion on the merits of the matter, this application is allowed. It is ordered that the applicant/accused-Mukesh Singh be released on bail on furnishing a personal bond for the sum of Rs.1,00,000/- (Rs.One Lakh) with one solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. This order will remain operative subject to compliance of the following conditions by the applicant :-

(1) The applicant will comply with all the terms and conditions of the bond executed by him;

(2) The applicant will cooperate in the trial;

(3) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer;

(4) The applicant shall not commit any offence during the entire period of bail;

(5) The applicant will not seek unnecessary adjournments during the trial; and

(6) The applicant will not leave India without previous permission of the trial Court.

(7) The applicant shall inform the trial Court about his/her address and residence in case the applicant moves out from his/her permanent address for any point of time.

(8) The applicant shall not contact any of the other accused persons in this case in any manner whatsoever.

This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.

It is hereby clarified that in order dated 14.08.2019 passed in MCrC No.22494/2019 (Deepak Singh vs. State of M.P.), present applicant has been mentioned as 'main accused', which appears to be a typographical error.

Certified copy as per rules.