Ravindra vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

The applicant has filed this second application under Section 439 of the Code of Criminal Procedure for grant of bail.

Applicant has been arrested on 24/08/2021 by Police Station Tyonda, District Vidisha (M.P.) in connection with Crime No.221 of 2021 registered for offence under Sections 302, 307, 294, 147, 148, 149 of the IPC.

It is submitted by learned counsel for the applicant- Ravindra that this is the second bail application of the applicant. Earlier application was dismissed by this Court vide order dated 09/02/2022 passed in M.Cr.C. No.2990 of 2022 considering all the merits of the case. Thereafter, the applicant approached before the Hon'ble Supreme Court wherein Petition for Special Leave to Appeal (Crl.) No.2344/2022 was withdrawn on 25/03/2022. Thereafter, there is no progress in trial. The co-accused Jitendra has already been granted bail by this Court vide order dated 28/06/2022 passed in M.Cr.C. No.29307 of 2022. The present case is of an accident and the case of present applicant is on better footing than that of co-accused Jitendra who has already been granted bail by this Court, as the allegation against the present applicant is of causing hurt by means of lathi over the Chest of deceased but deceased died due to injury found over his head. As investigation is complete in the matter and the charge sheet has already been filed, therefore, there is no need of further custodial interrogation of the applicant. Trial will take its own time. The applicant is ready and willing to abide by any condition which may be imposed by this Court. Hence, prays for bail.

Per contra, State counsel as well as counsel for the complainant have vehemently opposed the prayer and submitted that the case is registered against the applicant under Sections 302, 307, 294, 147, 148, 149 of the IPC, wherein the act of present applicant is not same as of co-accused Jitendra who has already been granted bail. Earlier bail application of the applicant was rejected by this Court considering all the merits of the case and the Hon'ble Supreme Court has also dismissed the SLP preferred on behalf of the applicant. It is further submitted that there is no new ground under which this repeat bail application could be considered by this Court and also there is no parity with co-accused. Hence, prayed to reject this application filed for grant of bail to the applicant.

Heard learned counsel for the parties at length and perused the case diary and documents available on record.

It is apparent from the perusal of case diary as well as documents available on record that earlier bail application of the applicant was rejected by this Court on 09/02/2022 against which SLP as aforesaid was preferred before the Hon'ble Supreme Court which was dismissed as withdrawn on 25/03/2022.

Thereafter, co-accused Jitendra, who caused injury over the head of the deceased, has been granted bail vide order dated 28/06/2022 passed in M.Cr.C. No.29307 of 2022. Therefore, considering the aforesaid changed circumstances along with the fact that applicant is in custody since 24/08/2021 and there is no progress in trial, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lac only) with one solvent surety in the like amount to the satisfaction of the Court concerned for his regular appearance before the trial Court concerned on the dates fixed by it.

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 them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit any kind of offence. In case of commission of any kind of offence, this bail order shall automatically stand cancelled and whole amount of bail bonds shall be forfeited;

The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

The applicant shall mark his presence before the SHO of concerning police station once in every month till conclusion of trial.

Application stands disposed of in above terms.

Let a copy of this order be sent to the trial Court concerned for compliance.

Certified copy/ e-copy as per rules/directions.