Madhya Pradesh High Court
Chhote @ Malkhan vs The State Of Madhya Pradesh on 12 January, 2015
M.Cr.C.No. 61/2015 (Chote @ Malkhan Vs. State of M.P.) 1
12.01.2015
Shri Sanjeev Agrawal, Advocate, for the applicant.
Shri G.S. Chauhan, Panel Lawyer, for the respondent/
State.
Heard.
This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail.
The applicant is in custody since 17.12.2014 in connection with Crime No.690/14 and criminal Case No.1080/14 registered at Police Station Pichore (M.P.) for the offences punishable under Sections 327, 353, 504, 506-B of IPC.
It is alleged that the accused/applicant demanded Rs.5,000/- from the complainant, Assistant Teacher, Primary School, Nayagan, Kararkeda for constructing the toilet of the School. The applicant objected the complainant and fell on the ground and also abused. Because of which, the valuation of the papers could not be performed Therefore, on her report, the crime has been registered.
On behalf of the applicant, it is submitted that applicant is innocent. The materials kept on the side ofhis house created nuisance to the applicant, therefore, the applicant complained to the Sarpanch. Therefore, the applicant has been implicated.
The application is opposed by the learned Panel Lawyer. Keeping in view that the applicant is in custody since 17.12.2014 and the charge-sheet has been filed, the case M.Cr.C.No. 61/2015 (Chote @ Malkhan Vs. State of M.P.) 2 would take a considerable time for disposal, no offence is punishable for imprisonment of life and is triable by JMFC, the application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in a sum of Rs.30,000/- (Rs. Thirty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.
This order will remain operative subject to compliance of the following conditions by the applicant:-
1. The applicant will not interfere or influence the prosecution witnesses;
2. The applicant will make himself available or represent through his counsel on early date of proceedings
3. The applicant will not indulge in any similar offences during the pendency of the trial.
4. The applicant will not interfere on the construction of toilet of the school.
5. If the applicant found breach of any of the conditions above, the learned Trial Court would be at liberty to reconsider on the question of bail.
Certified copy as per rules.
(S.K. Palo)
mani Judge