Shubham S/O Jagdish Dholpure vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the case diary / challan papers.

This is the applicant's repeat (second) application under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with

Crime No.85/2021 registered at Police Station Sonkatchh, District Dewas (MP) for offence punishable under Sections 294, 323, 325, 506 and 452 read

with Section 34 of the Indian Penal Code, 1860.

The applicant is in jail since 04.03.2021.

Counsel for the applicant has submitted that the applicant's earlier bail application Miscellaneous Criminal Case No.17943/2021 was dismissed by this

Court on 11.05.2021 as withdrawn.

Counsel has submitted that the applicant is in jail since 04.03.2021 and the charge sheet has already been filed and the complainant party was, in fact,

assailant as against them also, FIR vide Crime No.83/2021 was lodged on 19.02.2021 at around 03:00 O'clock (in the noon) and subsequently, as a

counterblast of this FIR, FIR in the present case at Crime No.85/2021 has been lodged by the complainant party.

Counsel has further submitted that the complainant party had assaulted the various members of the applicant's family while they were at home only;

and they had also retaliated against the complainant party, in their defence. Thus, it is submitted that the application be allowed and the applicant be

released on bail.

Counsel for the respondent / State, on the other hand, has opposed the prayer and it is submitted that earlier also, there are as many as twelve criminal

cases have been registered against the applicant.

In rebuttal, counsel for the applicant has submitted that all the cases registered against the applicant are minor in nature as no serious case has been

registered against the applicant; and in five cases he has already been acquitted and the other cases are pending.

Considering the fact that fracture of Tibia Fibula has occasioned to the injured Rahul, the application can be allowed, subject to strict conditions.

In view of the same, in the interest of justice, this Court finds it expedient to allow the present bail application.

Accordingly, without adverting to the merits of the case, the application filed by the applicant is hereby allowed, subject to deposit a sum of

Rs.25,000/- (Rupees Twenty Five Thousand only), and the said amount shall be subject to the final outcome of the case by the trial Court. It is further

directed that upon applicant's depositing a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) in a fixed deposit in a nationalized bank and

producing the receipt / certificate of the same before the concerned trial Court, he shall be released on bail upon furnishing a bond in the sum of

Rs.50,000/- (Rupees Fifty Thousand only) with one surety bond of the same amount to the satisfaction of the trial Court for his / her regular

appearance before the trial Court during trial with a condition that he / she shall remain present before the Court concerned during trial and shall also

abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973 and with a further condition that the applicant shall mark his

presence before the concerned Police Station on every Sunday of the month between 12.00 Noon to 2:00 PM, any deviation from the aforesaid

condition, shall result in dismissal of this bail order without further reference to the Court and the police shall be at liberty to arrest the applicant. The

deposit receipt/certificate so produced by the applicant shall be endorsed by the learned Judge of the lower Court to be, 'furnished towards the bail of

the applicant and shall be subject to the final decision of the case by the trial Court'.

It is also observed that after his release on bail, if the applicant again indulges in any criminal activity, the present bail order shall stand automatically

cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.