Shashi Jatav vs State Of Madhya Pradesh

This is second bail application u/S 439 of Cr.P.C filed by the applicants for grant of bail. First application was dismissed as withdrawn vide order dated 19.07.2019 in M.Cr.C No. 30501/2019 with liberty to come again after conclusion of investigation.

The applicant has been arrested on 03.03.2019 by Police Station Pohari District Shivpuri in connection with Crime No.229/2019 registered in relation to the offence punishable u/Ss. 394 of IPC read with 11/13 of M.P.D.V.P.K. Act.

It is submitted by learned counsel for the applicant that earlier bail application was dismissed as withdrawn vide order dated 14.10.2019 in M.Cr.C. No. 39075/2019 with liberty to come again after conclusion of charge-sheet, now charge sheet has been filed on 19.09.2019. He further submits that there is no criminal history against the present applicant. He is in custody since 03.03.2019. He is ready to abide by all the terms and condition as imposed by this Court. Upon these grounds, he prays for bail.

Learned Public Prosecutor for the respondent/State opposed the prayer and submits that merely by filing of charge-sheet does not entitle for grant of bail. He further submits that there is specific allegation against the present applicant and has been identified in the TIP. He fairly submits that there is no criminal antecedents against the present applicant.

Heard learned counsel for parties and perused the case dairy. Considering the facts and circumstances of the case and also investigation is over, therefore, further custodial interrogation may not be necessary and there is no criminal antecedent against him, 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/- (Rs.Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the concerned 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 him 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; and

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 attendance before the concerned police station in the first week of every month, till conclusion of investigation (pending if any) and if charge sheet is being filed, they will mark their presence as per the directions issued by the concerning trial Court.

In event of failure to comply with any of the terms and conditions, the State authorities will be at liberty to move for cancellation of bail.

A copy of this order be sent to the Court concerned for compliance.

C.c. as per rules.