Ramu Kuchbandiya vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

This is third application filed under Section 439 of the Cr.P.C. for grant of bail. Applicant Ramu Kuchbandiya was arrested on 18.01.2020 in

connection with Crime No.1001/2019 registered at Police Station Adhartal, District Jabalpur for the offence punishable under Sections

294,323,324,506 and 34 of IPC and Sections 3 and 5 of Explosive Act and Section 25 of the Arms Act.

A s per the prosecution case, on 24.11.2019 complainant Ashish Shrivas was going to his bike bearing registration no.MP-20-SC-5113 along with his

friend Anmol Daniel, at 12:45 PM on the way, when he was passing through Golu Pahadi's house situated at Sanjay Nagar, applicant Ramu throw

suarmar bomb at him, thereafter Pawan, Neelu and Vinay came there and abused him and assaulted him by kicks and fists. At that point of time, co-

accused Aashiq Kuchbandiya also came there and assaulted him by knife, due to which he sustained multiple injuries in his both thigh.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the offence. Even statement of injured

Ashish Shrivas has been recorded by the trial Court. He did not support the prosecution story and turned hostile and clearly deposed that he did not

know the applicant. Co-accused Aashiq Kuchbandiya has already been released on bail by this Court vide order dated 26/2/2020 passed in MCrC

no.7752/2020. The applicant has been in custody since 18.01.2020. Conclusion o f trial will take time, hence it is prayed that the applicant be released

on bail.

Learned counsel for the State opposed the prayer and submitted that the other offences are also registered against the applicant. So, he should not be

released on bail.

Looking to the facts and circumstances of the case and the fact that the statement of injured Ashish Shrivas has been recorded by the trial Court, the

applicant is in custody since 18.01.2020 and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed.

It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with

one surety in the like amount to the satisfaction of the concerned CJM/trial Court for his appearance before the concerned 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 :

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

 2. The applicant will cooperate in the trial;

 3.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;

 4. The applicant shall not commit an offence similar to the offence of which he is accused;

 5. The applicant will not seek unnecessary adjournments during the trial; and

 6. The applicant will not leave India without prior permission of the trial Court.

 C.C. as per rules.