Pappu @ Kamal Singh vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

This is third bail application u/S. 439 Cr.P.C. filed by the applicant for grant of bail after rejection of earlier one which was rejected by order dated 12.07.2019 passed in M.Cr.C.No.27998/2019.

The applicant has been arrested on 15/04/2019 in connection with Crime No.58/2019 registered at Police Station Civil Line, District Morena for offences under Sections 307, 323, 294 and 506/34 of I.P.C.

Allegation against the applicant, in short, is that applicant and other co-accused persons abused the complainant and when he tried to stop them, then co-accused Manua @ Pushpendra Sikarwar fired gunshot, which hit on the hand of the complainant and he received injuries.

Learned counsel for the applicant submitted that the applicant has been falsely implicated in the crime. The offence registered against the applicant is bailable. The applicant is in custody since 15.04.2019. Charge sheet has been filed. Cross case has also been registered bearing Crime No.59/2019 under Sections 307, 323, 294 and 506/34 of I.P.C. against the complainant. It is further submitted that in the case of free fight individual act has to be seen. Admittedly, the applicant has not fired gunshot, therefore, offence under Section 307 of I.P.C. is not made out against the applicant. Main prosecution witnesses have turned hostile. They have not supported the prosecution case. Trial will take time. There is no possibility of his absconding or tampering with the prosecution evidence. Under these circumstances, counsel for the applicant prays for grant of bail.

Learned Public Prosecutor for the respondent/State opposed the prayer and prayed for dismissal of the application.

Considering the pretrial detention, the facts and circumstances of the case and 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) with two sureties of Rs.50,000/- each to the satisfaction of the trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

This order will remain operative subject to the 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 she 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 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.

Certified copy as per rules.