Subham Shukla vs State Of M.P

Rajeev Kumar Dubey, J

This is first bail application filed by the applicant under Section 439 of Cr.P.C.

Applicant Subham Shukla was arrested on 01/05/2021 in Crime No.135/2021 registered at Police Station N.K.J., District Katni (M.P.) for the offence

punishable under Sections 307, 506/34 of the IPC.

Learned counsel for the applicant submits that the applicant has not committed any offence and has falsely been implicated in the offence. The name

of the applicant is not mentioned in the F.I.R. Even in the F.I.R. it is not mentioned that the applicant was present on the spot at the time of incident or

he took part in the incident. Police falsely implicated the applicant in the crime. The charge-sheet has been filed. Applicant has been in custody since

01/05/2021 and the conclusion of trial will take time, hence prayed for release of the applicant on bail.

Learned counsel for the respondent/State opposed the prayer.

Looking to the facts and circumstances of the case, the contention of learned counsel for the applicant and the fact that the name of the applicant is

not mentioned in the FIR, even in the FIR it is not mentioned that the applicant was present on the spot at the time of incident, the applicant is in

custody since 01/05/2021, charge-sheet has been filed and conclusion of trial will take time, without commenting on the merits of the case, the

application is allowed and it is directed that the applicant 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 :

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the trial;

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

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without prior permission of the trial Court.

Certified copy as per rules.