Ustaj Raikwar vs State Of Madhya Pradesh

This is the first application filed on behalf of the applicant under Section 439 of Cr.P.C. for grant of bail. Earlier the bail application of applicant was allowed by this Court vide order dated 19.05.2014 in Criminal Case bearing M.Cr.C.No.7264/2014 and he was enlarged on bail with direction to appear as and when the dates are given by the Court, however, the applicant remained absent on the 16.01.2019. Consequently, warrant of arrest was issued and the applicant has been arrested on 23/09/2019 and since then he is in custody.

The applicant is being prosecuted in connection with Crime No.244/2013 registered at Police Station Singhpur District Satna (M.P.) for the offence punishable under Sections 498-A/306 of IPC.

Learned counsel for the applicant submits that the applicant has not committed any offence as alleged, however, he has been falsely implicated in the case. The applicant had appeared before the trial Court on the dates fixed but due to misunderstanding he could not appear before the trial Court on 16.01.2019, therefore, he has been arrested. His non-appearance before the trial Court was unintentional. The applicant is in jail since 23.09.2019. Trial will take a long time to conclude. The applicant is permanent resident of the district and there is no likelihood of his absconding or tampering with the prosecution case. On these grounds prayer is made to enlarge the applicant on bail.

Per contra, learned counsel appearing on behalf of the State has opposed the application and prayed for its rejection.

Having considered the entire facts of the matter alongwith the grounds taken for non-appearance before the trial court and the fact that the applicant has suffered sufficient imprisonment in the jail, therefore, he may be given the benefit of bail again. Accordingly, this application is allowed, without expressing any opinion on the merits of the matter. It is ordered that applicant - Ustaj Raikwar be released on bail on furnishing a personal bond for the sum of Rs.1,00,000/- (Rupees One Lac Only) with two local solvent sureties each in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.

This order will remain operative subject to compliance of the following conditions by the applicant :-

(1) The applicant will comply with all the terms and conditions of the bond executed by him;

(2) The applicant will cooperate in the trial;

(3) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer;

(4) The applicant shall not commit any offence during the entire period of bail;

(5) The applicant will not seek unnecessary adjournments during the trial;

(6) The applicant will not leave India without previous permission of the trial Court;

(7) The applicant shall inform the trial Court about his address and residence in case he moves out from his permanent address for any point of time; and

(8) The applicant shall not contact any of the other accused persons in this case in any manner whatsoever.

It is also made clear that the applicant if found involved i n criminal activities and repeating the similar offence a t any point o f time a n d the conditions enumerated above are not complied with, the bail bonds stand forfeited without further reference to the Court.

This order shall remain effective till the end of the trial but in case of bail jump it shall become ineffective.

Certified copy as per rules.