Omi vs State of M.P.

Sheel Nagu, J.—Case Diary is perused. Learned counsel for the rival parties are heard.

The applicant has filed this 5th bail application u/s. 439, Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Maua, District Morena in connection with Crime No. 163/2010 registered in relation to the offences punishable u/s. 302 and 307 of IPC and 25-A and 27 Arms Act.

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.

This is 5th bail application after rejection of the earlier ones without any of them being considered on merits.

The allegations contained in the charge sheet filed by the applicant who is in custody since 19.2.2011 is of causing gun shot injury to the deceased.

The sole ground raised herein by the learned counsel for the applicant is of prejudice on account of delayed trial for which order sheets have been filed right from 14.2.2013 to 09.7.2013 which indicate that no prosecution witnesses have come forth to be examined and cross examined.

Learned counsel further submits that despite charge sheet having been filed in May, 2011 and charge being framed immediately thereafter, the trial has been delayed for reasons not attributable to the applicant.

The right of speedy trial of the applicant is being violated and that trial is not likely to conclude in the near future and that prolonged pre-trial detention is anathema to the concept of liberty and there are no criminal antecedents of the applicant.

In view of the above, this Court is inclined to extend the benefit of bail to the applicant, but with certain stringent conditions.

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

The applicant will mark his attendance before the concerning trial court once in a week.

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