Prabhulal and Another 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 applicants for grant of bail. Applicants have been arrested in connection with crime No. 280/12 registered at Police Station Chanchoda District Guna (M.P.) under Sections 307, 323/ 34 of IPC on 28.06.2012, since when applicants are in judicial custody.

Learned counsel for applicants submitted that the applicants are innocent and have 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 applicants are in custody since 28.06.2012 and the investigation appears to be nearing completion and the prosecution story discloses that the applicant no. 1 Prabhulal is said to be weilding lathi and to have assaulted the injured resulting in minor injury and applicant no. 2 Hariom is alleged to be present on the spot with no overt act alleged against him and considering the fact that applicant no. 1 is aged about 75 years and prolonged trial detention being an anathema of the concept of liberty as early conclusion of trial seems a bleak possibility and there are no criminal antecedents, this court is inclined to extend the benefit of bail to the applicants.

Accordingly, without expressing any opinion on merits of the case the present application is allowed and it is directed that applicants be released on bail on their furnishing personal bond in the sum of Rs. 75,000/- (Rupees Seventy Thousand only) each with two solvent sureties each in the like amount to the satisfaction of the Trial Court.

This order will remain operative subject to compliance of the following conditions by the applicants:-

The applicants will comply with all the terms and conditions of the bond executed by them;

The applicants will cooperate in the investigation/trial, as the case may be;

The applicants will not indulge themselves 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 applicants shall not commit an offence similar to the offence of which they are accused;

The applicants will not seek unnecessary adjournments during the trial; and

The applicants 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. Certified copy as per rules.