Sanjeev @ Sonu Nayak vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

This is first bail application under Section 483 of BNSS filed by the applicant for grant of bail.

The applicant has been arrested on 27.8.2024 by Police Station Jigna, District Datia in connection with Crime No.225/2024, registered in relation to the offence punishable under Sections 103 (1), 109 (1), 296, 333, 115 (2), 3 (5) of BNS and section 25 and 27 of Arms Act.

As per the case of prosecution, complainant Sunil Dubey along with his brother Anil Dubey informed to Police Station Jigna that on 26.08.2024 at about. 10 AM in the morning complainant his father Balmukund Dubey and younger brother deceased Kapil Dubey were at home, meanwhile Sanjeev @ Sonu Nayak (present applicant), Manish Nayak, Sunil and Anil Kumar Sharma @ Ranu Sharma came and demanded the loan money and started abusing Kapil. When Kapil objected for using abusive language that Manish Nayak and Anil Kumar Sharma caught deceased Kapil Dubey and Sanjeev @ Sonu Nayak (present applicant) inflicted gun shot injury on the deceased and therefore, Kapil Dubey died on the spot. On the basis of which the aforesaid offence has been registered against the applicant.

Learned counsel for the applicant has submitted that three prosecution witnesses have been examined i.e. Sunil Dubey (complainant) (PW.2), Balmukund Dubey (PW.3) and Anil Dubey (PW.4) who are father and brothers of the deceased, and they have turned hostile before the. Trial Court. The applicant is permanent resident of District Datia and there is no likelihood of his absconsion or tampering with the prosecution evidence. He is ready to abide by the terms and conditions as may be imposed. With the aforesaid submissions, prayer for grant of bail is made out.

Learned counsel for the State vehemently opposed the application and prayed for its rejection.

Considering the overall facts and circumstances of the case, nature of allegations and looking to the fact that Sunil Dubey (PW.2), Balmukund Dubey (PW.3) and Anil Dubey (PW.4) who are father and brothers of the deceased have turned hostile before the Trial Court, coupled with the fact that the trial is not likely to conclude in near future and prolonged pre- trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, 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.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned 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 from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;

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.

Certified copy as per rules.