Sachin Pal vs State Of Madhya Pradesh

Sunita Yadav, J

This is the first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail relating to Crime No.790 of 2023 registered at Police Station Murar, District Gwalior (M.P.) for the offence under Sections 326, 324, 294, 323, 506/34 of IPC.

Learned counsel for the applicant argued that applicant is innocent and has been falsely implicated. Complainant party/injured persons and the applicant/accused are neighbour and present F.I.R. is lodged on account of some severe dispute. However, the dispute has already been settled between the parties and in support of the injured persons Manoj has filed affidavit. The applicant is under custody since 27.01.2024 and he is resident of District Gwalior (M.P.). There is no possibility of his absconsion or tampering with prosecution case. On these grounds, he prays for grant of bail to the applicant.

Per contra, learned Panel Lawyer for the respondent/State opposed the bail application by citing criminal history and prayed for its dismissal.

Learned counsel for the complainant/injured persons submitted that the complainant and the injured persons have no objection if the bail is granted to the applicant.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with one solvent surety in the like amount to the satisfaction of the trial Court.

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 investigation/trial, as the case may be;

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 will 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 previous permission of the trial Court/Investigating Officer, as the case may be.

7) The applicant shall mark his presence before the SHO of the concerning police station in the first week of every month till investigation is complete.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.