Suraj Singh vs State of M.P.

Sheel Nagu, J.—Case Diary is perused.

Learned counsel for the rival parties are heard.

The applicant has filed this second application u/s. 439, Cr. P.C. for grant of bail after dismissal of the first bail application which was dismissed as withdrawn without consideration on merits vide order dated 08/07/2014 in MCRC No. 945/2014. The applicant has been arrested by Police Station Tyonda, District Vidisha in connection with Crime No. 223/13 registered in relation to the offences punishable u/s. 341, 294, 323, 506, 307 and 324/34 IPC. Further added 302 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.

The applicant is in custody since 31.10.2013 and the investigation is over by filing of charge sheet where the allegation against the applicant and the co-accused is of assaulting the deceased. Perusal of the case diary indicates that fatal injury is on the head which is an incised wound which is said to be attributed to co-accused Laxmi Prasad who is said to be wielding Pharsa. The applicant is allegedly wielding Lathi/Danda. Although there are certain injuries attributed to hard and blunt object but the same are not on the vital part of the body. The applicant has no criminal antecedents. The trial is not likely to conclude in the near future and that prolonged pre-trial detention being an anathema to the concept of liberty and the material placed on record does not disclose the applicant fleeing from justice. In view of the above, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, 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 Lac only) with two solvent sureties each of Rs. 50,000/- to the satisfaction of the concerned Trial Court.

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 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 him/her 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 seek unnecessary adjournments during the trial; and

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

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

C.c. as per rules.