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Madhya Pradesh High Court

Avdesh vs The State Of Madhya Pradesh on 27 July, 2015

                 MCRC No. 7409/2015
                      Awdhesh
                         Vs.
                    State of M.P.
                          1

27.07.2015
      Shri   Puran    Kulshrestha,   Advocate   for    the
applicant.
      Shri Amit Bansal, Public Prosecutor for the
respondent/State.

Heard.

This is second bail application filed under Section 439 Cr.P.C. arising out of Crime No.06/2015 registered at P.S. Dimni, District Morena in relation to the offence punishable U/s 147, 148, 302/149 of IPC.

Learned counsel for the applicant advanced argument claiming parity. It is contended that after rejection of first bail application, Co-ordinate Bench has enlarged the co-accused on bail in M.C.R.C.No.5402/2015 (Ramshankar Vs. State of M.P.) and M.C.R.C. No.7015/2015 (Dheeru @ Dheeraj Vs. State of M.P.). It is contended that as per the allegations mentioned in the FIR, the applicant was carrying a Lathi. There is only single gun shot injury on the body of the deceased. The similarly situated persons Ramshankar and Dheeru were also carrying MCRC No. 7409/2015 Awdhesh Vs. State of M.P. 2 Lathi and they have been enlarged on bail.

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.

I have heard learned counsel for the parties and perused the case diary.

On perusal of FIR, it is clear that as per prosecution story, the applicant was carrying a Lathi. Considering this aspect, the Co-ordinate Bench has enlarged Ramshankar and Dheeru on bail. I deem it proper to extend the benefit of parity to the applicant.

Accordingly, without expressing any opinion on the 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. 2,00,000/- (Rs. Two Lac only) with two solvent sureties, each of Rs. 1,00,000/- (Rs. One Lac only) each in the like amount to the satisfaction of the concerned trial Court.

Awdhesh Vs. State of M.P. 3 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 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. Looking to the criminal antecedents, the MCRC No. 7409/2015 Awdhesh Vs. State of M.P. 4 applicant will mark his attendance at the concerned trial Court once in a fortnight.

A copy of this order be sent to the Court concerned for compliance.

Certified copy as per rules.

                                     (Sujoy Paul)
(alok)                                 Judge