Madhya Pradesh High Court
Babu @ Dashrath Singh vs The State Of Madhya Pradesh on 3 August, 2015
1 M.Cr.C.No.7753/2015
3.8.2015
Shri Avadesh Parashar, learned counsel for the applicant.
Shri A.S.Yadav, learned Panel Lawyer for the
respondent/State.
Heard.
This is first bail application under Section 439 of Cr.P.C. The applicant has been arrested in Crime No.18/2010 registered at Police Station, Baranso, District Bhind, for the offence punishable under Section 379 of IPC.
It is submitted by the learned counsel for the applicant that the applicant was earlier on bail and was facing trial before the Court. The applicant became absent on 16.12.2011, hence he has been declared absconding. The applicant has been arrested and is under custody since 14.7.2015. The applicant shall regularly attend the Court in future, hence prayed for bail.
The prayer is opposed by learned Panel Lawyer on the ground that due to absence of the applicant no progress has been made in the trial. It is further submitted that seven prosecution witnesses have already been examined and two more are to be examined, hence prayed for dismissal of the bail application.
I have considered the submissions of the learned counsel. Taking into consideration that applicant was earlier on bail, the applicant is assuring to regularly attend the Court in future, he is under custody for more than fifteen days, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty 2 M.Cr.C.No.7753/2015 Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court.
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 investigation/trial, as the case may be;
3. 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;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. 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.
(D.K.Paliwal) Judge Patil