Rajendra vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

This is the Second bail application filed under Section 439 of the Cr.P.C. for grant of bail. Applicant Rajendra was arrested on 14/06/2019 in

connection with Crime No.301/2019 registered at Police Station Bareli, District Raisen (M.P) for the offence punishable under Sections 294, 323, 307,

120-B & 302/34 of the IPC.

The first bail application of the applicant was dismissed on merits by this Court vide order dated 08.11.2019 passed in M.Cr.C.No.37475/2019.

As per prosecution case on 13/06/2019 at around 06:00 P.M. s o meb o d y telephoned complainant Rahul Shilpi on his mobile No.9755302315 and

called him at New Highway. On that complainant, Rahul Shilpi along with deceased Farukh Khan and co-accused Irfan Khan went there. When they

reached near New Highway, applicant Rajendra and co-accused Brijendra, Devendra, Mukesh, Keshav @ Kesar Singh Dhakad, Mukesh Kumar

Patel, Neetesh Kumar Patel, Irfan Mansoori, Yashwant Dhakad and Hemant @ Golu Shilpi met them. They took complainant and his companions

with them towards canal by bikes, where they removed the sticks from the bushes of Ipomoea Carnea tree (Besharam tree) planted there and

assaulted complainant Rahul and deceased Farukh Khan by that sticks. Due to which both of them sustained injuries and Farukh Khan died due to the

injuries.

Learned counsel for the applicant submitted that the applicant is innocent and has falsely been implicated in the matter. Although, earlier bail

application of the applicant was dismissed on merits by this Court vide order dated 08.11.2019 passed in but thereafter the statements of Raheem

(PW/1), complainant Rahul (PW/2), Rafeeq (PW/3), Rakeeb (PW/4), complainant's father Ashok (PW/5), Smt. Suman (PW/6), Sabina Begum

(PW/7), Iqbal (PW/8), Shameem (PW/9), Smt. Firoja (PW/10) and Harinarayan (PW/11 have been recorded by the trial Court.

They did not support the prosecution story and turned hostile. The applicant has been in custody since 14/06/2019. The charge-sheet has been filed

and conclusion of the trial will take time. On the aforesaid grounds learned counsel prayed that the applicant be enlarged on bail.

Learned counsel for the State opposed the prayer and submitted that earlier bail application of the applicant has been dismissed on merits and

thereafter there is no change in circumstance. So, he should not be released on bail.

Looking to the facts and circumstances of the case and the contention of the learned counsel for the applicant and the fact that the statements of

Raheem (PW/1), complainant Rahul (PW/2), Rafeeq (PW/3), Rakeeb (PW/4), complainant's father Ashok (PW/5), Smt. Suman (PW/6), Sabina

Begum (PW/7), Iqbal (PW/8), Shameem (PW/9), Smt. Firoja (PW/10) and Harinarayan (PW/11) have been recorded by the trial Court, applicant is in

custody since 14/06/2019 and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is

directed that the applicant 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 C.J.M/trial 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 :-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the trial;

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, 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 prior permission of the trial Court.

C.C. on payment of usual charges.