Madhya Pradesh High Court
Dinesh vs The State Of Madhya Pradesh on 22 November, 2019
Author: Vishal Mishra
Bench: Vishal Mishra
THE HIGH COURT OF MADHYA PRADESH
MCRC-48427-2019
(DINESH Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated :22/11/2019
Shri Abhishek Parashar, learned counsel for the applicant.
Shri Purushottam Pandey, Public Prosecutor for the
respondent-State.
Case diary perused.
The applicant has filed this second application u/S.439, Cr.P.C. for grant of bail after rejection of earlier one with liberty to come again after completion of investigation and filing of charge- sheet.
The applicant has been arrested by Police Station Veerpur, District Sheopur (M.P.), in connection with Crime No.96/2019 registered in relation to the offence punishable u/Ss.304 of IPC and 24 of M.P. Ayurvigyan Parishad Adhiniyam.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter. He has not committed the offence in any manner. The applicant is in custody since 18.09.2019. The investigation in the matter is over by filing of charge-sheet on 15.11.2019. It is submitted by the counsel for the applicant that the applicant is ready and willing to abide by all the terms and conditions as may be imposed by this Court, therefore, he prays for grant of bail.
THE HIGH COURT OF MADHYA PRADESH MCRC-48427-2019 (DINESH Vs THE STATE OF MADHYA PRADESH) Learned Public Prosecutor for the respondent/State opposed the prayer and contended that the applicant has actively participated in the commission of offence and there is specific allegations against him. It is further contended on behalf of State that the applicant is not having equivalent degree despite of knowing the aforesaid fact, he injected the deceased which resulted into the death. It is further contended that in similar nature a case has been registered against the present applicant in which he has already been acquitted vide order dated 3.3.2004 but he prays for dismissal of the application.
Heard learned counsel for the parties and perused the case diary.
Considering the submissions advanced by the counsel for the applicant and on perusal of the case diary it is seen that investigation in the matter is over and charge-sheet has been filed on 15.11.2019, therefore, further custodial interrogation may not be necessary, without expressing any opinion on the merits of the case, this Court deems it appropriate to allow this application in the following terms.
It is hereby directed that the applicant shall be released on THE HIGH COURT OF MADHYA PRADESH MCRC-48427-2019 (DINESH Vs THE STATE OF MADHYA PRADESH) bail on his furnishing a personal bond of Rs.1,00,000/-(Rupees One Lac Only) with two solvent sureties 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:-
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 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, in case the applicant indulges himself in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled.
5. The applicant will not seek unnecessary adjournments during the trial;
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 mark his attendance before the concerned police station in the first week of every month, till conclusion of investigation (pending if any) and if charge sheet is being filed, he will mark his presence as per the directions THE HIGH COURT OF MADHYA PRADESH MCRC-48427-2019 (DINESH Vs THE STATE OF MADHYA PRADESH) issued by the concerning trial Court.
In event of failure to comply with any of the terms and conditions, the State Authorities will be at liberty to move for cancellation of bail.
A copy of this order be sent to the Court concerned for compliance.
Certified copy as per rules.
(Vishal Mishra) Judge vpn VIPIN KUMAR AGRAHARI 2019.11.23 11:50:58 +05'30'