Madhya Pradesh High Court
Angraj Adivasi vs The State Of Madhya Pradesh Thr on 16 May, 2018
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. 17737/2018
Angraj Adivasi Vs. State of M.P.
Gwalior Dated :16.05.2018
Shri Pawan Singh Raghuvanshi, counsel for the applicant.
Shri Yogesh Parashar, Public Prosecutor for the respondent /
State.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this 1st application u/S 439, Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Karariya, District Vidisha in connection with Crime No.113/2016 registered in relation to the offences punishable u/Ss. 147, 148, 149, 452, 506, 294, 323, 325 and 302 r/w Sec. 34 IPC Learned Public Prosecutor/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.
The allegation against the applicant is of murder. Co-accused Sher Singh has since been enlarged on bail on account of main prosecution witnesses having been examined, by order dated 19.12.2017 passed in M.Cr.Cr. 26838/2017.
Learned counsel for the applicant has brought on record the deposition of Komal Bai (PW-13) who was examined on 15.11.2017 and it does not appear that any other witness remains to be examined. The applicant is in custody since 03.06.2016.
Considering the above and that 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, this Court is inclined to extend the benefit of bail to the 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. 17737/2018 Angraj Adivasi Vs. State of M.P. 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.1,00,000/- (Rs. One Lac only) with two solvent sureties, each of Rs.50,000/-, 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)
sarathe Judge
NAVEEN KUMAR
SARATHE
2018.05.16
14:53:14 +05'30'