Sunil vs State Of Madhya Pradesh

Anand Pathak, J

Matter is heard finally.

The applicant has filed this Third bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 08/04/2019 by Police Station Naisarai District Ashoknagar in connection with Crime No.55/2019 registered for offence punishable under Sections 302, 147, 148, 149, 294, 323 of IPC. His earlier applications were dismissed as withdrawn on 10/02/2020 and 07/06/2021.

It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 08/04/2019 whereas material prosecution witnesses including complainant Sitaram have been examined, therefore, chance of tampering with the evidence/witnesses is remote. It is further submitted that applicant suffered sufficient period of incarceration therefore, a chance be given to him for course correction and to mend his ways to become a better citizen in future. Confinement amounts to pretrial detention. He submits that co-accused Ravi @ Ravindra has been enlarged on bail by this Court vide order dated 27/04/2022 in M.Cr.C. No.19392/2022. He further undertakes not to be source of embarrassment and harassment to the complainant party in any manner and would not move in the vicinity of complainant party and would cooperate in trial. Further applicant intends to serve the National/Environmental/ Social cause voluntarily, in case bail is granted.

Learned Public Prosecutor for the State opposed the prayer and prayed for dismissal of this bail application.

Heard learned counsel for the parties at length and considered the arguments advanced by them.

Considering the submissions specially period of custody and the fact that material prosecution witnesses have already been examined, but without commenting on the merits of the case, it is hereby directed that the applicant shall be released on bail, on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) along with one solvent surety of the like amount to the satisfaction of trial Court.

It is made clear that this bail is granted once the case is made out for bail and therefore, direction for plantation of saplings is given and it is not the case where a person intends to serve social cause can be given bail without considering the merits.

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;

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

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

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

The applicant will not be a source of embarrassment or harassment to the complainant party in any manner and applicant will not seek unnecessary adjournments during the trial;

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

Applicant shall not move in the vicinity of complainant party and would not be source of embarrassment and harassment in any manner.

It is expected from the applicant that he shall submit photographs by downloading the mobile application (NISARG App) prepared at the instance of High Court for monitoring the plantation through satellite/Geo- Tagging. Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for information and necessary compliance.

Certified copy as per rules.