Ramesh And Another vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

The applicants have filed this repeat application under section 439 of the Cr.P.C. for grant of bail. The earlier one was dismissed as withdrawn vide

order dated 3/12/2019 passed in M.Cr.C. No.48783/2019.

The applicants have been arrested by Police Station Kotwali, Ashok Nagar, in connection with Crime No.469/19 registered in relation to the offence

punishable under section 306 read with 34 of the IPC.

Allegations against the applicants, in short, are that they along with co-accused demanded money from the deceased by threatening him of implication

in a case punishable under the provisions of SC/ST Act, due to which he committed suicide by hanging.

Learned counsel for the applicants submits that the applicants have been falsely implicated. They are in custody since 2/11/2019. Charge-sheet has

been filed. No further custodial interrogation is required. Ingredients of section 107, IPC are not attracted to the fact situation in hand. They are

permanent residents of Village Ravsar, District Ashoknagar and there is no likelihood of his absconsion or tampering with the prosecution evidence.

With the aforesaid submissions, prayer for grant of bail is made.

Learned Public Prosecutor 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.

However, it would not be desirable to enter into the merits of the rival contentions at this juncture. Considering the facts and circumstances of the

case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of

liberty, this Court is inclined to extend the benefit of bail to the applicants.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that each one of the applicants namely

Ramesh and Dhaniram be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with two solvent

sureties each in the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned 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 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 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.

If the applicants commit any offence while on bail, this order shall automatically stand cancelled without reference to the Court.

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

C.c. as per rules.