Rajbhan 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 6th bail application u/S. 439, Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Badoni, District Datia in connection with Crime No. 32/2013 registered in relation to the offences punishable u/Ss. 302, 307, 341, 294, 147, 148, 149 of IPC and 25/27 of 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 sixth bail application has been filed after rejection of the earlier ones including the one rejected on merit on 13.3.2014 and 29.04.2014 in M.Cr.C. No. 1897/14 and M.Cr.C. No. 3239/14.

The new ground raised in this 6th bail application is the enlargement on bail of the similarly placed co-accused Veerpal by order dated 01.05.2014 in M.Cr.C. No. 10891/13.

Perusal of the case diary indicates that omnibus allegation of firing has been alleged against the applicant and so also against the co-accused Veerpal Singh who has been enlarged on bail after due consideration by another co-ordinate Bench of this Court. There is no reason to take a different view than the one taken in case of co-accused Veerpal Singh. Moreover, statements of PW-1, PW-2 and PW-3 namely Rajaram Badai, Munnilal Kushwah and Pawan Kuswah recorded before the trial Court also does not attribute infliction of any specific injury on the part of applicant except of making omnibus allegation against him, the early conclusion of the trial is a bleak possibility and pre-trial detention is anathema to the concept of liberty and that there are no criminal antecedents of the applicant and the material placed on record does not discloses the possibility of the applicant fleeing from justice, this Court is though inclined to extend the benefit of bail to the applicant but with certain stringent conditions in view of presence of criminal antecedents.

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, each of Rs. 50,000/-, 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.

A copy of this order be sent to the Court concerned for compliance.

C.c. as per rules.