Madhya Pradesh High Court
Ravikant Dubey vs The State Of Madhya Pradesh on 2 March, 2016
1
Ravikant Dubey and Anr. Vs. State of M.P.
M.Cr.C. No. 2540/2016
02.03.2016
Shri Prashant Sharma Advocate for applicants.
Dr. (Smt) Anjali Gyanani Govt. Advocate for
Respondent/State.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this first application u/S 439, Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Rawatpura, Lahar District Bhind in connection with Crime No.16/2016 registered in relation to the offences punishable u/Ss. 294, 341, 332, 353, 506/34 of IPC and 3 (1) (x) of SC/ST (Prevention of Atrocities) Act.
Learned Public Prosecutor 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 applicants are in custody since 17.05. 2015. Investigation is pending. The allegations against the applicant are of obstructing government servant from discharging his official duties, wrongful restraint and criminal intimidation.
The applicant has criminal antecedents of 2010. The applicant is in custody for about 20 days. In matters of this nature further custodial interrogation may not be necessary. The trial is not likely to conclude in the near future and that prolonged pre-trial detention being an anathema to the concept of liberty and the material placed on record does not disclose possibility of the applicants fleeing from justice.
In view of the above, this Court is inclined to extend the benefit of bail to the applicants but with certain stringent conditions, in view of criminal antecedent.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is 2 Ravikant Dubey and Anr. Vs. State of M.P. M.Cr.C. No. 2540/2016 directed that the applicants be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) each with two solvent sureties of the like amount in case of each of the applicants to the satisfaction of the concerned 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 him/her 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 they are 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.
7. The applicants shall mark their attendance before the concerning police station twice every week, till investigation is over.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(Sheel Nagu) Judge ar