Madhya Pradesh High Court
Veeru @ Veerendra vs The State Of Madhya Pradesh on 26 July, 2019
THE HIGH COURT OF MADHYA PRADESH
1
M.Cr.C. No. 26316/2019
(Veeru @ Veerendra Vs The State of M.P. )
Gwalior, Dated : 26/07/2019
Shri Saket Udaniya, learned counsel for the applicant.
Shri Ankit Saxena, learned Public Prosecutor for the
respondent-state.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this third bail application under section 439 of the Cr.P.C. for grant of bail. Earlier first bail application was dismissed on merit vide order dated 27/04/2011 passed in M.Cr.C. No. 1264/2011 and second bail application was allowed order dated 29/07/2011 in M.Cr.C. No. 3199/2011.
The applicant has been arrested by Police Station Survaya District Shivpuri (M.P.) in connection with Crime No. 45/2010 registered in relation to the offence punishable under sections 302, 307, 147, 148 and 149 of the IPC, Section 25/27 of the Arms Act and Section 11/13 of the MPDPK Act.
This is a case of bail jump. Learned counsel for the applicant submits that the applicant was enlarged on bail vide order dated 29/07/2011 passed in M.Cr.C. No. 3199/2011 during THE HIGH COURT OF MADHYA PRADESH 2 M.Cr.C. No. 26316/2019 (Veeru @ Veerendra Vs The State of M.P. ) the trial, but on 05/10/2017 he could not appear before the trial Court due to which his bail bond was forfeited and perpetual warrant of arrest was issued against him. Thereafter, the applicant was arrested on 03/05/2019. At present the applicant is in custody since 03/05/2019. It is submitted that applicant is permanent resident of Village Renhat PS Ghatigaon District Gwalior (M.P.). He assures that he will attend the trial Court regularly. Under these circumstances he prays for bail.
Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.
After hearing aforesaid arguments and looking to the facts and circumstances of the case, without expressing any opinion on merits of the case, this application is allowed but with stringent condition, in view of nature of offence and bail jump it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rs. One Lac Only) with two local solvent sureties each of Rs. 50,000/- (Rs. Fifty THE HIGH COURT OF MADHYA PRADESH 3 M.Cr.C. No. 26316/2019 (Veeru @ Veerendra Vs The State of M.P. ) Thousand Only) to the satisfaction of the concerned 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.
7. The applicant shall appear and mark his attendance before the trial court concerned/committal court every fortnight till conclusion of the trial, failing which, this bail order shall stand cancelled automatically without further reference to this Court.
A copy of this order be sent to the Court concerned for compliance. C.cas per rules.
(S.A.Dharmadhikari) JUDGE Prachi PRACHI MISHRA 2019.07.26 16:30:03 +05'30'