Ramadhar Singh And Anr vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

The applicants have filed this second application u/S. 439 of Cr.P.C. for grant of bail. The first application was dismissed on merits vide order dated

15/11/2019 passed in MCRC No.45926/2019.

The applicants have been arrested on 24/07/2019 by Police Station- Mahua, District- Morena in connection with Crime No.99/2019 registered in

relation to the offence punishable under Sections 147, 148, 149 and 302/34 of IPC.

Allegations against the applicants, in short, are that the applicants along with co-accused poured kerosene over the deceased, due to which, she

sustained burnt injury and subsequently, she died. On the basis of aforesaid, crime has been registered against the applicants.

Learned counsel for the applicants submits that the applicants have been falsely implicated in the case. It is further submitted by the learned counsel

for the applicants that PW-1- Banke Singh, PW-2-Raju, PW-3- Ranjana, PW-4- Ravi, PW-5- Pushpa and PW-6-Brajmohan have turned hostile and

not supported the prosecution case. Charge-sheet has been filed and no further custodial interrogation is required in the matter. Applicants are in

custody since 24/07/2019. There is no likelihood of their absconsion or tampering with the prosecution evidence and early conclusion of the trial is a

bleak possibility and prolonged pre-trial detention is an anathema to the concept of liberty. Under these grounds, applicants pray for grant of bail.

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.

After hearing aforesaid arguments and looking to the facts and circumstances of the case, without expressing any opinion on merits of the case, this

application is allowed but with certain stringent conditions and it is directed that the applicants be released on bail on furnishing a personal bond in the

sum of Rs.1,00,000/- (Rupees One Lac Only) each with two solvent sureties each of Rs.50,000/- each to the satisfaction of the concerned 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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicants shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically

without further reference to the Bench.

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.

Till conclusion of the trial, the applicants shall appear and mark their attendance before the concerned trial Court once in every month.

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

Certified copy as per rules.