Sundar vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

This is 1st bail application u/S. 439 Cr.P.C. filed by the petitioner for grant of bail.

Petitioner has been arrested on 24.01.2020 by Police Station Bhaguapura, District Datia (M.P.) in connection with Crime No.68/2017 registered in

relation to the offence punishable u/Ss. 353, 332, 333, 341, 186, 147 of IPC

Learned Panel Lawyer 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.

Applicant is in custody since 24.01.2020 in connection with aforementioned offences. The incident arose out of a road accident. The impulse more

than intent may be the foundation behind the incident. Similarly placed co-accused Keshav Singh Rajput has been granted benefit of anticipatory bail

vide order dated 10.02.2020 in Mcrc.5581.2020. Though investigation is not over but it seems to be nearing completion.

In view of above and looking to the fact that material placed on record does not disclose the possibility of the petitioner fleeing from justice and trial is

not likely to conclude in the near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is though inclined to

extend benefit of bail to the petitioner but with certain stringent conditions looking to the seriousness of the offence.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that petitioner be released on bail on

furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand only) with two solvent sureties each of Rs.25,000/- to the satisfaction of the

concerned Trial Court.

This order will remain operative subject to compliance of the following conditions :-

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

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

The petitioner 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;

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

The petitioner will not seek unnecessary adjournments during the trial;

The petitioner will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

The petitioner shall mark his presence before the concerned Police Station firstly on 25.02.2020 and thereafter once a week till conclusion of the

investigation.

The petitioner shall render community service at the hospital/Community Health Centre/Primary Health Centre situated at or in the vicinity of

village/Tehsil of residence of petitioner for three (3) hours everyday including Sunday till the conclusion of trial.

The nature of community service shall be decided and allotted in writing by the CMO/Head of the hospital/Community Health Centre/Primary Health

Centre situated in close vicinity to the place of residence of petitioner Compliance of this condition shall be ensured and verified by issuing certificate

to be jointly signed by head of hospital/Community Health Centre/Primary Health Centre and Sarpanch/Councilor of the Gram Panchayat/Municipality

concerned. This certificate shall be filed before the Registry of this Court once in every month. If the Registry finds that either the compliance report

is not filed once in a month or there is something amiss in the compliance report filed then the case be listed as PUD before appropriate Bench.

A copy of this order be sent to the Court concerned and as well as Chief Medical Officer of concerned District for compliance.

Certified copy as per rules.