Salif @ Salim vs State Of Madhya Pradesh

Anand Pathak, J

The applicant has filed this repeat bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 16/05/2021 by Police Station Dharnavada, District Guna in connection with Crime No.410/2020 registered for offence punishable under Sections 307, 294, 323, 341, 506, 147, 148, 149 of IPC.

Learned counsel for the applicant submits that applicant has been falsely implicated in the matter and is suffering confinement since 16/5/2021 and material prosecution witnesses including complainant Rahul Pardi (PW/9) and his wife Jasmin Pardi (PW/7) have been examined, therefore, chance of tampering with evidence / witness is remote. Although, applicant bears criminal record of seven cases but now he learnt the lesson hard way and now would mend his ways to become a better citizen. Counsel for the applicant further submits that co-accused Virendra Puvar has been enlarged on bail vide order dated 04.08.2022 in MCRC.No.37975/2022 and seeks parity. Confinement amount to pretrial detention. He undertakes to cooperate in trial and that he will not involve in any criminal activity in future. Applicant further undertakes to serve the environment/national/social cause voluntarily by planting saplings, to purge his misdeeds, if any. On these grounds prayer for bail is made out.

Counsel for the State opposed the prayer and prayed for dismissal of this application.

Heard learned counsel for the parties at length and perused the case diary.

Considering the submissions and arguments advanced by counsel for the parties, without commenting on the merits of the case, this Court intends to allow this application and it is hereby directed that the applicant shall be released on bail, on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of 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 them 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;

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

It is made clear that this bail is granted once the case is made out for bail and thereafter, direction for plantation of saplings is given and it is not the case where a person intends to serve social cause can be given bail without considering the merits.

It is expected form the appellant that he shall submit photographs by downloading the mobile application (NISARG App) prepared at the instance of High Court for monitoring the plantation through satellite/Geo- Tagging/Geo fencing etc.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance from the office of this Court.

Certified copy as per rules/directions.