Madhya Pradesh High Court
Rakesh Sahu vs The State Of Madhya Pradesh on 24 September, 2019
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 37834/ 2019
(Rakesh Sahu Vs. State of M.P.)
Jabalpur,
Dated:24.09.2019
Mr. S.K. Gangrade, learned counsel for the applicant.
Ms. Supriya Singh, learned Panel Lawyer for the respondent/State.
This is the second application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of the applicant in connection with Crime No. 240/2019, registered at Police Station: Shahjahanabad, District Bhopal for the offences punishable under Section 419, 420, 467, 468, 471, 120-B of the IPC. The applicant is in jail since 25.04.2019.
The first application of the applicant being M.Cr.C.No.21074/2019 was dismissed on 3.6.2019 with liberty to renew prayer after filing of the charge-sheet.
Learned counsel for the applicant submits that the charge-sheet has already been filed and even the charges have been framed.
He further submits that the applicant is innocent. Being a rustic villager, he has been made a scapegoat by the other accused person namely Nasir, who is absconding. In fact, there was no active involvement of the applicant to procure documents on the basis of which, offence has been registered against the accused persons. The conclusion of the trial is likely to take sufficiently long time, therefore, the applicant be released on bail.
Learned P.L. for the respondent/ State has opposed the application. After hearing the rival contentions, I find force with the contentions raised by the learned counsel for the applicant and also looking to the fact that the applicant has no criminal antecedents, charge-sheet has been filed and the conclusion of the trial is going to take sufficiently long time, 2 therefore, without commenting on the merits of the case, the application is hereby allowed. It is directed that the applicant Rakesh Sahu shall be released on bail subject to his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with separate solvent surety in the like amount to the satisfaction of the Trial Court for his appearance before the concerned Court on all the dates of hearing fixed in this behalf by the Court concerned during trial.
Apart from the above mentioned conditions, the applicant shall further abide by the following conditions:-
"(i) the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer;
(ii) the applicant shall not leave India without the previous permission of the Court; and
(iii) the applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
With the aforesaid, the present application filed under Section 439 of the Cr.P.C. is hereby disposed of.
Certified copy as per rules.
(Subodh Abhyankar) Judge Vikram Digitally signed by VIKRAM SINGH Date: 2019.09.25 16:24:57 +05'30'