Madhya Pradesh High Court
Ulfa @ Ulfat Singh vs The State Of Madhya Pradesh on 13 June, 2016
1
M.Cr.C.No.5681/2016
(Ulfa @ Ulfat Singh Vs. State of M.P.)
13.06.2016
Shri M.S.Rawat, learned counsel for the applicant.
Dr. (Smt.) Anjali Gyanani, learned Public Prosecutor for the
respondent/State.
Case diary is available.
Learned counsel for the rival parties are heard. The applicant has filed this first bail application u/S.439, Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Chilwani, District Sheopur in connection with Crime No.16/2012 registered in relation to the offences punishable u/Ss.379, 342, 394, 347 of IPC and Section 11/13 of MPDVPK 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 13.04.2016. The applicant has no criminal antecedents. Allegation is of theft of buffaloes which has been recovered from the co-accused including Ashok Gurjar who has been granted bail vide order dated 18.07.2014 passed in M.Cr.C.No.5066/2014.
Though the applicant is absconding about four years but is in custody about two months and further custodial interrogation may not be necessary. The investigation stands concluded and the early conclusion of the trial is a bleak possibility and prolonged pre-trial detention is anathema to the concept of liberty and the material placed on record does not discloses the possibility of the applicant fleeing from justice.
In view of the above, this Court is though inclined to extend 2 M.Cr.C.No.5681/2016 the benefit of bail to the applicant but with certain stringent conditions in view of the nature of offence.
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.1,00,000/- (Rs. One Lac Only) with two solvent sureties of Rs.50,000/- of the 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 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 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 case may be.
7. The applicant shall mark his attendance before the trial Court once fortnight.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(Sheel Nagu) Judge AK/-