Raja Yadav @ Ankit vs State Of M.P

Rajeev Kumar Dubey, J

This is fourth application under Section 439 of the Cr.P.C. for grant o f bail. Applicant Raja Yadav @ Ankit was arrested on 11/10/2019 in connection

with Crime No.360/2019 registered at Police Station Tilwara District Jabalpur (M.P.) for the offence punishable under Sections 307, 324, 294, 506, 34

of the IPC & 25 of Arms Act.

The first bail application of the applicant has been dismissed as withdrawn by this Court vide order dated 31/1/2020 passed in M.Cr.C.No.53779/2019,

the second bail application has been dismissed as withdrawn with the liberty to file afresh after recording the statement of injured/complainant vide

order dated 05/08/2020 passed in M.Cr.C.No.6571/2020 and the third bail application of the applicant has been dismissed as withdrawn with the

direction to the trial court to dispose of the case as early as possible preferably within a period of 6 months by this Court vide order dated 07/11/2020

passed in M.Cr.C.No.35782/2020.

A s per the prosecution case, on 09.10.2019 at 07:30 pm when complainant Kartik Yadav was passing in front of Melaram'™s house situated at

village Ghansaur applicant Raja Yadav assaulted him by kick and also on the behest of co-accused Prabhudayal applicant Raja Yadav assaulted the

complainant Kartik Yadav by knife in his stomach due to which he sustained grievous injury. When Akash Barman tried to rescue the complainant,

applicant Raja Yadav also assaulted him by knife due to which he sustained injury in his wrist.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the offence. It is further submitted that the

statements of injured Kartik Yadav (PW-1) and other eye witnesses of the incident i.e. Akash Barman (PW-2), Heeralal Barman (PW-3),

Durgaprasad Yadav (PW-4) and Arjun Yadav (PW-5) have been recorded by the trial Court. They turned hostile and did not support the prosecution

story. The applicant has been in custody since 11/10/2019 and conclusion of trial will take time, hence prayed for release of the applicant on bail.

On the other hand learned counsel for the respondent/State opposed the prayer.

This is the fourth bail application of the applicant but earlier bail applications of the applicant have been dismissed as withdrawn. The last bail of the

applicant has been dismissed as withdrawn by this Court vide order dated 7/11/2020 passed in M.Cr.C.No.35782/2020 thereafter the statements of

injured Kartik Yadav (PW-1) and other eye witnesses of the incident i.e. Akash Barman (PW-2), Heeralal Barman (PW-3), Durgaprasad Yadav

(PW-4) and Arjun Yadav (PW-5) have been recorded by the trial Court. So, looking to the facts and circumstances of the case and the fact that the

applicant is in custody since 11/10/2019, charge-sheet has been filed and conclusion of trial will take time, without commenting on the merits of the

case the application is allowed and the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs.

Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned Court for his appearance before the trial Court on all such

dates as may be fixed in this behalf by the trial Court during the pendency of 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 an offence similar to the offence of which he is accused;

 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.

 Certified copy as per rules.