Virendra Kadera vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard. The applicant has filed this bail application under section 439 of the Cr.P.C. for grant of bail.

The applicant has been arrested by Police Station Sabalgarh, District Morena in connection with Crime No.362/2019 registered in relation to the offences punishable under sections 326, 294, 452, 323, 506 of the IPC.

Learned counsel for the applicant submitted that co-accused Sudama Kadera has already been granted bail by this Court vide order dated 22.10.2019 passed in Misc. Cri. Case No. 42560/2019. The case of the present applicant is similar to the case of other co-accused persons who are granted bail by this Court. The pre-MLC report does not match with the report received after radiological report. In pre-MLC there was no amputation of the finger of the complainant's hand. Charge sheet has been filed. The applicant is in custody since 27.08.2019 and the trial is likely to take considerable time. Hence, prays for grant of bail to the applicant.

Learned Public Prosecutor has opposed the prayer and submitted that the weapon has been seized from the custody of the present applicant and present applicant is the main accused of the case. Hence, prayed not to grant bail to the applicant.

Looking to the facts and circumstances of the case and the fact that co-accused Sudama Kadera has already been granted bail as well as pretrial detention, without commenting upon the merits of the case, this Court thinks it appropriate to grant bail to the applicant.

Accordingly, it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 75,000/- (Rs. Seventy Five 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 and a copy of the order be given to the learned Public Prosecutor with a direction to keep the same in the concerned case diary.

Certified copy as per rules.