Madhya Pradesh High Court
Bablu Yadav vs The State Of Madhya Pradesh on 17 November, 2014
M.Cr.C.No.10695/2014(Bablu Yadav and others Vs. State of
M.P.)
17.11.2014.
Applicants by Shri Rajesh Shukla, Advocate.
Respondent/State by Ku. Chitra Saxena, Panel Lawyer.
Heard.
This is first bail application under section 439 of Cr.P.C. The applicants have been arrested in connection with Crime No.166/2014 registered at Police Station Jigna, District Datia for the offences punishable under Sections 323, 327, 294, 506-B read with section 329/34 of IPC.
As per prosecution case, the complainant has lodged a report alleging therein that on 27.9.2014 at about 8:00 PM he along with his brother Krishnapal were sitting outside of their shop, at that time accused persons came and demanded money of Rs.500/- for consuming liquor, when the brother of the complainant denied then all the accused persons committed maarpeet with them.
Learned counsel for the applicants submits that applicants have falsely been implicated in the case. They have not committed any offence. Learned counsel further submits that the applicants are in custody since 16.10.2014. Learned counsel further submits that the charge-sheet has been filed and trial is likely to take time. In such premises, the applicants prayed for bail.
The prayer is opposed by learned Panel Lawyer. M.Cr.C.No.10695/2014(Bablu Yadav and others Vs. State of M.P.) Case diary perused.
Considering the facts and circumstances of the case and keeping in view of the argument of the learned counsel for the applicants and looking to the fact that charge-sheet has been filed and trial is likely to take time, but without expressing any view on the merits of the case, this application is allowed. It is directed that the applicants shall be released on bail on their furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety each in the like amount to the satisfaction of Trial Court.
This order will remain operative subject to compliance of the following conditions by the applicants :-
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;
M.Cr.C.No.10695/2014(Bablu Yadav and others Vs. State of M.P.)
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.
(Sushil Kumar Gupta ) Judge pawar/-