Uttam Singh vs State Of M.P

Anand Pathak, J

The applicant has filed this repeat bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 07/07/2021 by Police Station Chinnor., District Gwalior in connection with Crime No. 106/2020 registered for offence punishable under Sections 294, 323, 34, 307, 147, 148 of IPC.

Learned counsel for the applicant submits that applicant has been falsely implicated in the matter and he is suffering confinement since 07/07/2021 and charge-sheet has been filed. It is further submitted that role of applicant is confined to inflicting one Lathi blow to the complainant which was not dangerous to life. Even otherwise, learned counsel for the applicant referred the fact that as per the FIR itself, complainant was wielding Katta and hurled Katta over applicant-party, in retaliation thereof, applicant beaten him up with Lathi and fists. On complaint of applicant side case vide Crime No. 102/2020 was registered, whereas, present case is instituted much after the registration of FIR at the instance of applicant side. Confinement amount to pretrial detention. Applicant undertakes to cooperate in trial. On these grounds, prayer for bail is made out.

Learned counsel for the State opposed the prayer and prayed for dismissal of the application.

Heard.

Considering the submissions and facts and circumstances of the case, without expressing any opinion on merits of the case, I deem it appropriate to allow this application but with certain stringent conditions. It is hereby directed that on furnishing bail bond of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety of like amount to the satisfaction of trial Court applicant shall be released on bail.

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 them 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;

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

The applicant will not be a source of embarrassment or harassment to the complainant party in any manner and would not move in their vicinity;

The applicant shall mark his presence before the concerned Police Station in first week of every month between 10.30 am to 1.30 pm till conclusion of trial.

Application stands allowed and disposed of.

E-Copy/Copy of this order be sent to the trial Court concerned for compliance from the office of this Court.

E copy/Certified copy as per rules/directions.