Ramkumar vs State Of Madhya Pradesh

This is second bail application filed by the applicant under Section 439 of Cr.P.C. for grant of bail. The applicant is arrested in connection with Crime No.42/2019 registered at Police Station Raghunathpur, District Sheopur for the offence punishable under Sections 212 and 216 of IPC and Section 11/13 of MPDVPK Act and Section 25/27 of Arms Act.

Earlier application was dismissed as withdrawn on 28/08/2019 with a liberty to file fresh application after investigation is complete.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He is in custody since 15.06.2019. There is no possibility of applicant's fleeing away. He will abide by the conditions in the event of bail and cooperate in the trial. Under these circumstances, the applicant prays for grant of bail.

Learned Public Prosecutor for the State opposes the bail application and prays for its rejection.

Considering the facts and circumstances of the case and without commenting upon the merits of the case, this Court is of the considered view that it is a fit case for grant of bail.

Accordingly, 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 one solvent surety of the like amount 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.

The applicant shall appear before the SHO of the concerning police station fortnightly (every 15 days) during the pendency of the trial.

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

C.c. as per rules.