Sonu Tomar vs State Of Madhya Pradesh

I.A No. 10015/2019, an application under section 301 (2) of Cr.P.C. for assisting learned Public Prosecutor for the State is taken up, considered and allowed for the reasons mentioned therein.

Learned counsel for the complainant is permitted to assist learned Public Prosecutor for the State during final hearing.

Case Diary is perused.

Learned counsel for the rival parties are heard.

The applicant has filed this First application u/S 439, Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Ambah, District Morena in connection with Crime No. 434/2019 registered in relation to the offences punishable under Sections 452, 336, 323, 34, 458 of the IPC and section 25/27, 29, 30 of Arms Act.

Prosecution story, in short, is that on 06/09/2019 at about 11.30 Pm when the complainant was sleeping in his home, at that time, the applicant along with other co-accused persons namely Santoshi @ Nandi Baba, Vimal Sharma, Devicharan @ Karu Katare and other accused persons knocked the door of the complainant and when the complainant opened the door, all the accused persons entered inside the house. The complainant objected the same, on which, the accused persons manhandled him. The applicant fired three rounds of gun shot from his weapon, due to which, life of the complainant party was in danger. Thereafter, the complainant party tried to caught hold the accused persons, due to which, father of the complainant fell down and sustained injuries. The applicant assaulted the complainant by butt of the fire arm, due to which, the complainant sustained injuries in his right hand wrist. Thereafter, the complainant party screamed loudly, on which, the nearby neighbours came to rescue them. Thereafter, all the accused persons fled away from the spot.

Learned counsel for the applicant submits that applicant aged about 24 years has no criminal past alleged against him and he has been falsely implicated in the matter. The applicant is not concerned with the case directly of indirectly. It is submitted that one of the co-accused has been enlarged on bail by the trial court itself. No overact has been assigned to the applicant. On perusal of FIR, no specific allegation has been levelled against the applicant. The co-accused Santoshi @ Nandi Baba has since been enlarged on bail by this Court in a bail application under Section 438 of Cr.P.C. vide order dated 31/10/2019 passed in M.Cr.C. No. 44147/2019. The charge sheet has since been filed and further custodial interrogation of the applicant may not be necessary. There is no allegation of gun shot injury, but only allegation of presence of the applicant has been shown. The applicant is the permanent resident of District Morena and is ready to abide by all the terms and conditions as may be imposed by this Court. Nothing is to be recovered from the applicant. The applicant is in custody since 13/11/2019 without any substantial reason and early conclusion of the trial is bleak possibility and prolonged pretrial detention is an anathema to the concept of liberty. Under these grounds, applicant prays for grant of bail.

Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

After hearing aforesaid arguments and looking to the facts and circumstances of the case, 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. 1,00,000/- (Rs. One Lakh only) with two solvent local sureties 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 :-

He will cooperate in the investigation/trial, as the case may be;

He 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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

He shall not commit an offence similar to the offence of which he is accused;

He will not seek unnecessary adjournments during the trial; and

He will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

If, the applicant commits any offence after being released on bail, then this bail order shall automatically stands cancelled without further reference to this Court.

The applicant shall appear and mark his attendance before the trial/committal court concerned once in every month till conclusion of the trial, failing which, this bail application shall stand dismissed automatically without further reference to this Court.

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