High CourtsSingle Bench

Siyaram Raghuvanshi vs State Of M.P

Madhya Pradesh High Court · Decided on 21 December 2020 · Citation: (2020) 12 MP CK 0172

HON’BLE JUDGES
Rajeev Kumar Dubey, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 294, 353, 506
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.51087 Of 2020
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Judgment

22 paragraphs · 385 words

 Rajeev Kumar Dubey, J

This is first application under Section 439 of the Cr.P.C. for grant of bail. Applicant Siyaram Raghuvanshi was arrested on 18/11/2020 in connection

with Crime No.168/2020 registered at Police Station Shyamla Hills District Bhopal (M.P.) for the offence punishable under Sections 294, 353, 506 &

34 of IPC.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the offence. It is further submitted that the

name of the applicant is not mentioned in the FIR. The alleged offence is triable by Judicial Magistrate, First Class. The applicant has been in custody

since 18/11/2020 and conclusion of trial will take time, hence prayed for release of the applicant on bail.

On the other hand learned counsel for the respondent/State opposed the prayer.

 Looking to the facts and circumstances of the case, contention of learned lawyer for the applicant and the fact that the alleged offence is triable by

Judicial Magistrate, First Class, the applicant is in custody since 18/11/2020 and conclusion of trial will take time, without commenting on the merits of

the case the application is allowed and the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs.

Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned Court for his appearance before the trial Court on all such

dates as may be fixed in this behalf by the trial Court during the pendency of trial.

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 trial;

3.

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to

dissuade him from disclosing such facts to the Court or to the Police Officer;

4.

The applicant shall 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.

Certified copy as per rules.