Madhya Pradesh High Court
Dharmendra Singh Tomar vs The State Of Madhya Pradesh on 10 March, 2017
1
M.Cr.C. No. 2421/2017
(Dharmendra Singh Tomar Vs. State of MP)
10.03.2017
Shri Sanjay Singh Advocate for the applicant.
Shri Vijay Sundaram, Panel Lawyer for
Respondent/State.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this 1st bail application u/S 439, Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Station Road Morena, District Morena in connection with Crime No.435/2016 registered in relation to the offences punishable u/Ss. 306 of IPC.
Learned Panel Lawyer 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.
Applicant is in custody since 18.02.2017. Allegation against the applicant is of abetment to suicide of deceased aged about 20 years with the factual allegation that applicant resiled from his earlier promise of getting married to the deceased which impelled her to commit suicide by hanging herself.
The proximate link between the cause and suicide appears to be weak and the early conclusion of the trial is a bleak possibility and prolonged pre-trial detention is anathema to the concept of liberty and that there are no criminal antecedents of the applicant and the material placed on record does not discloses the possibility of the applicant fleeing from justice.
In view of the above, this Court is inclined to extend the 2 M.Cr.C. No. 2421/2017 benefit of bail to the applicant.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with two solvent sureties, each in 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/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.
(Sheel Nagu) Judge sh/-