Madhya Pradesh High Court
Birju @ Brijkishor Dangi vs The State Of Madhya Pradesh on 26 August, 2015
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Birju alias Brij Kishore Vs. State of M.P.
M.Cr.C. No.8927/2015
26.08.2015
Shri D.R. Sharma Advocate for applicant.
Shri B.K. Sharma for Respondent/State.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this second application u/S 439, Cr.P.C. for grant of bail. The first bail application has been dismissed as withdrawn. The applicant has been arrested by Police Station Gondan, District Datia in connection with Crime No.11/2014 registered in relation to the offences punishable u/Ss. 147, 148, 149, 450, 307, 302 IPC and u/S. 25/27 Arms 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 applicant is in custody since 18.2.2014. Charge-sheet has been filed where the allegation against the petitioner is of murder. Specific allegation is of presence and wielding Lathi with no specific overt against the applicant of assault except omnibus allegation. The death is caused due to injuries no. 1, 2 and injury no. 6. Injuries no. 1 and 2 are lacerated on the fore arm and occipital region while injury no. 6 is fire arm injury. All the aforesaid injuries are attributed to other co-accused. Moreover, the same incident has given rise to cross case bearing crime no. 72/2014 in which the nephew of the applicant Chirmoli died. The trial is not likely to conclude in the near 2 Birju alias Brij Kishore Vs. State of M.P. M.Cr.C. No.8927/2015 future and that prolonged pre-trial detention being an anathema to the concept of liberty and the material placed on record does not disclose the applicant fleeing from justice.
In view of the above, this Court is inclined to extend the benefit of bail to the applicant, but with certain stringent conditions in view of criminal antecedents.
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.100,000/- (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 3 Birju alias Brij Kishore Vs. State of M.P. M.Cr.C. No.8927/2015 case may be.
7. The applicant shall mark his attendance before the trial Court once every week.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(Sheel Nagu) Judge ar