Madhya Pradesh High Court
Babloo @ Ravindra Kushwah vs The State Of Madhya Pradesh on 11 November, 2016
1
MCRC.11860/2016
Babloo Vs. State of M.P.
11.11.2016
Shri Atul Gupta, Advocate for applicant.
Dr. (Smt.) Anjali Gyanani, Public Prosecutor for
Respondent/State.
Learned counsel for the rival parties are heard. The applicant has filed this Fourth application u/S 439, Cr.P.C. for grant of bail. The applicant has been arrested on 01.10.2013 by Police Station Hajira, District Gwalior in connection with Crime No.367/2013 registered in relation to the offences punishable u/Ss. 147, 148, 149, 307, 302 and 120B of IPC.
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.
This is repeat bail application after disposal of third bail application vide order 31.08.2016 passed in M.Cr.C. No. 9293/2016.
The applicant is alleged with attempt to murder. The applicant is in custody since 01.10.2013. The trial is pending in the matter. Four prosecution witness namely Naresh Singh, Rinku, Reeta and Dharmendra have been examined as PW-2, PW- 3 and PW-4 and PW-5 respectively. Copy of the deposition are filed by the applicant. Since main prosecution witness have been examined there is no possibility of applicant influencing the prosecution case. The applicant has suffered incarceration of more than three years and therefore, his right to speedy trial under Article 21 on the Constitution of India appears to have been breached.
Considering the above said facts and that 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 disclose possibility of the applicant fleeing from justice, this Court though is inclined to extend the benefit of bail to the applicant but with certain stringent condition in view of 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 2 MCRC.11860/2016 Rs. 1,00,000/- (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 case may be.
7. The applicant shall mark his attendance at the concerned trial court once in a week.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(Sheel Nagu) Judge sarathe