Madhya Pradesh High Court
Rajjulal Yadav. vs The State Of Madhya Pradesh on 14 July, 2021
Author: Akhil Kumar Srivastava
Bench: Akhil Kumar Srivastava
1 MCRC-33857-2021
The High Court Of Madhya Pradesh
MCRC-33857-2021
(RAJJULAL YADAV. Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 14-07-2021
Heard through Video Conferencing.
Mr. Manish Datt, learned Sr. Counsel with Mr. N.P.Varma for the
applicant.
Mr. D.K.Khare, learned PL for the respondent/State.
Case diary is available with the learned panel lawyer for the State.
This is the second bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of anticipatory bail. The first bail application was dismissed as withdrawn on 27.05.2021 in M.Cr.C.No.5331/2021.
The applicant apprehends his arrest in connection with Crime No.122/2019 registered at P.S. Nayagaon District - Satna (M.P.) for the offence punishable under section 307/34 of IPC.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated. There is no direct or indirect evidence available on record, which shows involvement of the applicant in commission of offence. It is further submitted that the applicant has not cause any injury to the complainant. The applicant is ready to co-operate with investigation and shall abide by all the conditions which may be imposed by this Court; hence, prayer is made for grant of anticipatory bail.
Learned counsel for the respondent/State opposes the bail application and prays for it's rejection.
Heard rival contentions of the parties and perused the entire documents available on record.
Looking to the entire facts and circumstances of the case and taking note of the fact that the main accused, who has caused gun shot injury on the person of the complainant, is Karan Yadav and the present applicant has only abused the complainant and he has not caused any injury to the complainant; Signature Not SAN Verified hence without expressing any opinion on merits of the matter, this application Digitally signed by NEETI TIWARI Date: 2021.07.15 11:30:21 IST 2 MCRC-33857-2021 is allowed. It is directed that in the event of arrest or surrender of applicant before the Arresting Authority/Investigating Officer in relation to the aforementioned crime number within a period of 15 days from today, she shall be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with a solvent surety in like amount to satisfaction of Arresting/Investigating Officer on following conditions:
(1) The applicant will comply with all the terms and conditions of the bond executed by her;
(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 her from disclosing such facts to the Court or to the Police Officer, as the case may be;
(4) The applicant shall not commit any offence during the period of bail;
(5) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
(6) The applicant shall inform the Investigating Officer/trial Court about his address and residence in case he moves out from permanent address for any point of time;
(7) The applicant shall not contact any of the other accused persons in this case in any manner whatsoever; and (8) Such other condition as may be imposed under sub-section (3) of section 437, as if the bail was/were granted under that section.
In the event of breach of any of the conditions imposed by this Court, the complainant/victim/State will be at liberty to move an application for cancellation of bail granted today.
The applicant shall follow the advisory issued by the Govt. from time to time in respect of COVID-19.
3 MCRC-33857-2021 Certified copy as per rules.
(AKHIL KUMAR SRIVASTAVA) JUDGE nd