Surendra Alias Dinesh Dhakad vs State Of Madhya Pradesh

Deepak Kumar Agarwal, J

This is first application u/S.439 Cr.P.C filed by the applicant for grant of bail.

Applicant has been arrested on 09.07.2023 by Police Station Nateran, District Vidisha (MP), in connection with Crime No. 195 of 2023 for the offence punishable under Section 306 of IPC.

In brief, facts of the case are that complainant filed a written complaint in connection with the registered FIR against the present applicant and other co- accused persons. Allegation against accused person is that complainant's sister had gone to the temple on 15.05.2023, then co-accused Sudeep Dhakad of the village who is brother of the present applicant had caught hold of her sister's hand with the wrong intention, for which complainant had filed an FIR bearing Crime No.138/2023 after that due molestation and torture, his sister committed suicide regarding due to the same incident. After that Crime No. 150/2023 has been registered and on said crime No. co-accused Sudeep has been arrested then Sudeep was released from jail. On dated 05.07.2023, Sudeep Dhakad told to his father in front of him that what have done by filing FIR against him, he has been released from jail and even if his father die, nothing will gonna happen to him. On 06.07.2023, complainant's father committed suicide due to torture by Sudeep Dhakad, present applicant and other co-accused persons namely Jeevan, Rakesh, Kuldeep and Veeran. Thereafter, case was registered at Police Station Nateran, District- Vidisha and registered the criminal case bearing Crime No.195/2023 for the offence punishable under Section 306 of IPC. Applicant was arrested. After completion of investigation, charge sheet has been filed.

Learned counsel for applicant submits that applicant is innocent and falsely implicated. He is in custody since 09.07.2023. After completion of investigation, charge sheet has been filed and therefore further custodial interrogation is no more required. Conclusion of trial will take some time. He is permanent resident of District- Vidisha. There is no possibility of his absconding or tampering with prosecution case. Hence, prayed for grant of bail.

Learned counsel for the State as well as counsel for the complainant vehemently opposed the bail application and prayed for its rejection.

Both the Advocates are heard. Case diary as well as charge sheet perused.

Looking to the aforesaid facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes a cash security of Rs.25,000/- along with a personal bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of the trial Court, he should be released on bail.

He will present during trial before the trial Court on each and every date.

In case of any default, cash security of Rs.25,000/- shall be forfeited without giving any notice.

Application stands allowed and disposed of.

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

Certified copy as per rules.