Umesh Sharma vs State Of Madhya Pradesh

The applicant has filed this first bail application under section 439 of the Cr.P.C. for grant of bail.

The applicant has been arrested by Police Station Morar District Gwalior (M.P.) in connection with Crime No.964/2017 registered in relation to the offences punishable under sections 394 and 395 read with 34 of IPC and Sections 11/13 of the MPDVPK Act.

Prosecution story in short is that on 21/12/2017 complainant alongwith his wife and two children came to Gwalior, as his wife was to appear for the Patwari test. Thereafter, he left his wife and children at in-laws house. He along with his elder son left for Seonda on Motorcycle. As soon as he reached Munde Baba Mandir, Morar, four unknown persons stopped him, one was holding mouser and other three were possessing Lathi. When he requested to let him go, one of them assaulted him with Lathi resulting into injuries on the right eye. He fell down from the Motorcycle, thereafter others assaulted him with Lathi, due to which he sustained injuries. At this juncture the co-accused having mouser fired. They also took away Rs. Two Thousand and snatched his Motorcycle. On the basis of aforesaid, crime has been registered.

Learned counsel for the applicant submits that he has falsely been implicated. He is in custody since 24/12/2017 and FIR was lodged against unknown persons. Investigation is over and charge-sheet has been filed. No more custodial interrogation is required. The trial of the matter will take time and there is no likelihood of his absconsion if released on bail. With the aforesaid submissions, prayer for grant of bail is made.

On the other hand, learned Public Prosecutor opposed the application and prayed for its rejection.

However, it would not be desirable to enter into the merits of the rival contentions at this juncture. Considering the facts and circumstances of the case and coupled with the fact that trial is not likely to conclude in near future and prolonged pretrial detention being an anathema to the concept of liberty, 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 namely Umesh Sharma be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand only) with one solvent surety of the like amount 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.