Ulfat Singh vs State Of Madhya Pradesh

Subodh Abhyankar, J

 This is the applicant's first application under Section 439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime

No.153/2021, registered at Police Station-Alot, District-Ratlam (MP) for offence punishable under Sections 147, 149, 188, 294, 323, 332,

341,353,333,269 and 270 of the IPC and under Section 3 / 5 of the Prevention of Damage to Public Property Act.

The applicant is in custody since 22.4.2021.

The allegation against the applicant is that he was also involved in the aforesaid offence wherein he along with the other co-accused persons was

involved in pelting stones at the police party; as a result of which, five police personnel suffered simple injuries, but the 100 dial van was also damaged.

Learned counsel for the applicant has submitted that the applicant is in jail since 22.4.2021, there are no other case registered against the applicant and

the charge sheet has already been filed and the final conclusion of the trial is likely to take sufficiently long time.

Therefore, it is prayed that the bail application be allowed.

Learned Panel Lawyer for the respondent/State has opposed the prayer, however, it is not denied that there are no other case registered against the

applicant.

Having considered the rival submissions, perusal of the case diary, so far as the injuries suffered by the police personnel and the damage to public

property is concerned, no doubt it is not serious, however, looking to the acts of the applicant wherein he was involved in pelting stones at the police

personnel, it cannot be considered to be a simple offence and hence, this Court finds that the applicant is entitled to be released on bail subject to

deposit a sum of Rs.5,000/- (Rupees Five Thousand only), and the said amount shall be subject to the final outcome of the case by the trial Court.

It is further directed that upon applicant' depositing a sum of Rs.5,000/-(Rupees Five Thousand only) before the concerned trial Court, he shall be

released on bail on his furnishing the bonds in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one surety of the same amount to the

satisfaction of the trial Court, to appear before the trial Court on the dates given by the Court. The applicant shall be abide by the conditions as

enumerated under Section 437(3) of Cr.P.C.

It is observed that, after being released on bail, if the applicant again indulge himself in any criminal activity, the present bail order shall stand cancelled

without further reference to the Court and the police shall be entitled to arrest the applicant in the present case also.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.