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Madhya Pradesh High Court

Bhagwan Lal Rawat vs The State Of Madhya Pradesh on 24 July, 2014

1                                      M.Cr.C.No.5748/2014

             Bhagwanlal and anr. Vs. State of M.P.
24.7.2014
      Shri Mayank Bajpai, Advocate for the applicant.
      Shri M. Bhardwaj, PP for the respondent/State.

Heard.

This is first bail application under Section 439 of Cr.P.C. The applicants have been arrested in Crime No.51/2014 registered at Police Station, Tetra, District Morena, under Sections 279, 337, 294, 394, 506-B of IPC and Section 11,13 of MPDVPK Act.

According to prosecution case, the complainant was coming alongwith his son and daughter-in-law from their relatives in vehicle bearing No.31/CA0256. On the way near Kemara Tala bridge one vehicle bearing No.M.P.06 P.A.0245 hit his vehicle, as a result of which, the right portion of the vehicle of the complainant was damaged. Thereafter the persons traveling in the vehicle bearing No. M.P.06 P.A.0245 started beating complainant and son and daughter-in-law and also one of them Gyan Singh has snatched golden chain of his son and golden kundal of the daughter in law. Bhagwanlal has put shafi on his neck and asked the applicant to bring Rs. Two lacs otherwise he will be killed.

It is submitted by the learned counsel for the applicants that applicants have not committed any offence. They have falsely been implicated in the case. A cross-case has been registered against the complainant party at Crime No.52/14. The applicants are in custody since 11.6.14. Trial will take some time. Therefore, the applicants be released on bail.

The prayer is opposed by learned Public Prosecutor. I have perused the case diary. As per the vehicle's report of Rajendra three contingencies have been found. Injuries were simple in nature. No medical report of son of the complainant and daughter-in-law is available in the case diary. From the copy of the report lodged by the applicant- Mukesh at Crime No,.52/14, it appears that the driver of the vehicle No. 31/CA0256 has hit his vehicle No. M.P.06 P.A.0245, as a result of which, front light and bolt were damaged.

Considering the aforesaid facts and circumstances of the case as well as coupled with the fact that applicants are in custody since 11.6.14, the application is allowed. It is directed that the applicants shall be released on bail on their furnishing personal bond in the sum of Rs.50,000/- (Rupees 3 M.Cr.C.No.5748/2014 Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of Trial Court.

This order will remain operative subject to compliance of the following conditions by the applicants :-

1. The applicants will comply with all the terms and conditions of the bond executed by them;

2. The applicants will cooperate in the investigation/trial, as the case may be;

3. The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicants shall not commit an offence similar to the offence of which he is accused;

5. The applicants will not seek unnecessary adjournments during the trial; and

6. The applicants 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.

(D.K.Paliwal) Judge van