Madhya Pradesh High Court
Mustkeem vs The State Of Madhya Pradesh on 15 April, 2019
HIGH COURT OF MADHYA PRADESH
1 M.Cr.C.No..573/2019
(Mustkeem. State of M.P. )
Gwalior Bench:
Dated 15/04/2019
Shri Dharmendra Singh Chauhan, learned counsel for the
applicant.
Shri Kamlesh Kori, learned PL for the respondent/State.
Heard the counsel for the parties and case diary perused. The applicant has filed this second bail application u/S.439, Cr.P.C. for grant of bail. First application of the applicant preferred vide M.Cr.C.No. 36523/2018 was dismissed as withdraw vide order dated 14/9/2018.
The applicant has been arrested on 16/7/2018 by Police Station Gormi, District Bhind in connection with Crime No. 82/2013 registered in relation to the offences punishable under Sections 302, 323, 201 of IPC.
It is the submission of learned counsel for the applicant that in the case in hand, two eye-witnesses Nafisa and Hoorbano were included by the prosecution in the charge-sheet and both the witnesses have not supported the story of the prosecution and turned hostile. Learned counsel for the applicant referred the testimony of these witnesses who deposed on oath before the Court on 10/4/2019. When eye witnesses are not supporting the story of prosecution then chance of conviction may become deem. He submits that confinement since 16/7/2018 amount to pretrial detention. He undertakes to cooperate in HIGH COURT OF MADHYA PRADESH 2 M.Cr.C.No..573/2019 (Mustkeem. State of M.P. ) the trial and could make himself before the trial Court on all dates as may be given. Further he would not move in the vicinity of complainant party in any manner and would not be any source of embarrassment or harassment to them.
Learned counsel for the State opposed the bail application and prayed for its rejection.
Considering the submissions advanced by learned counsel for the applicant, the fact situation of the case, but 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 one solvent surety of 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 would not extend any inducement, threat, allurement, or promise to complainant or 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 HIGH COURT OF MADHYA PRADESH 3 M.Cr.C.No..573/2019 (Mustkeem. State of M.P. ) of which he is accused and would not be a source of embarrassment or harassment to the complainant party and would not move in their vicinity.
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.
(Anand Pathak) Judge jps/-
JAI PRAKASH SOLANKI 2019.04.15 17:03:42 +05'30'