Umesh Jatav vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

The applicant has filed this fourth application under Section 439 of the Cr.P.C. for grant of bail. The first application was dismissed as withdrawn vide order dated 26/03/2019 passed in MCRC No.9685/2019, second application was also dismissed as withdrawn vide order dated 03/07/2019 and third application was also dismissed as withdrawn with liberty to repeat after considerable period of custody vide order dated 07/08/2019 passed in MCRC No.32694/2019.

The applicant has been arrested by Police Station-Matabasaiya, District- Morena in connection with Crime No.21/2019 registered in relation to the offences punishable under Sections 294, 324, 506, 323 and 34 of the IPC and further added Section 326 of the IPC.

Prosecution story, in short, is that on 06/02/2019, due to previous enmity, some altercation took place between the complainant and applicant and the applicant alongwith co-accused started using filthy language. On stopping them, the applicant- Umesh gave a Farsa blow, due to which, the complainant sustained injuries resulting in amputation of two fingers. Thereafter, he fell down. Other co-accused persons namely- Barelal and Ramdas also assaulted the complainant by means of Lathi, due to which, he received contusion on the waist. On the basis of aforesaid, crime has been registered against the applicant.

Learned counsel for the applicant submits that the applicant is aged about 35 years and he has been falsely implicated in the case. It is also submitted by the learned counsel for the applicant that as per medical report, the complainant received injuries only on the fingers and no injury has been caused on the head of the complainant. The applicant is in custody since 08/02/2019 and no further custodial interrogation is required. The applicant is a permanent resident of District- Morena. There is no likelihood of his absconsion or tampering with the evidence and early conclusion of the trial is a bleak possibility and prolonged pre-trial detention is an anathema to the concept of liberty. With the aforesaid submissions, prayer for grant of bail is made.

Learned Public Prosecutor for the State vehemently 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.

After hearing aforesaid arguments and looking to the facts and circumstances of the case, without expressing any opinion on merits of the case, this application is allowed but with certain stringent conditions and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with two solvent sureties each of Rs.50,000/- (Rupees Fifty Thousand Only) 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.

Till conclusion of the trial, the applicant shall appear and mark his attendance before the concerned trial Court once in every month, failing which this bail order shall stand cancelled automatically without further reference to the Bench.

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

Certified copy as per rules.