Madhya Pradesh High Court
Veeru Rathore vs The State Of Madhya Pradesh on 25 October, 2021
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1 M.Cr.C. No.44033/2021
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.44033/2021
(Veeru Rathore Vs. State of M.P.)
Indore, Dated: 25/10/2021
Shri Sonali Rajoria, learned counsel for the applicant.
Shri Shashwat Seth, learned Panel Lawyer for the respondent / State of
Madhya Pradesh.
Shri S.I. Ansari, learned counsel for the complainant. They are heard. Perused the case diary / challan papers. This is the second application under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.512/2021 registered at Police Station Lasudia, District Indore (MP) for offence punishable under Section 307, 294 of the Indian Penal Code, 1860. His earlier bail application M.Cr.C. No.38190/2021 has already been dismissed by this Court as withdrawn on 13/08/2021. The applicant is in custody since 14/04/2021.
Counsel for the applicant has submitted that subsequently the complainant Laxmibai has already been examined in the Trial Court and she has not supported the case of the prosecution. The copy of her deposition has also been placed on record. It is further submitted that the applicant is in jail since 14/04/2021 and final conclusion of the trial is likely to take sufficient long time complainant also has no objection if the applicant is released on bail. Hence, it is submitted that the bail application be allowed and he be released on bail.
Counsel for the respondent / State, on the other hand has opposed the 2 M.Cr.C. No.44033/2021 prayer and it is submitted that no case for grant of bail is made out.
Counsel for the complainant has no objection if the application is allowed and applicant is released on bail.
Having considered the rival submissions, perusal of the case diary and also the deposition of the complainant, this Court finds force with the contentions raised by the counsel for the applicant and the fact that the final conclusion of the trial is likely to take sufficient long time, in the considered opinion of this Court, the applicant's application deserves to be allowed.
Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973. It is also observed that if the applicant is found in any of the criminal activities, after his / her release on bail, then the present bail order shall stand cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(Subodh Abhyankar) Judge krjoshi Digitally signed by KHEMRAJ JOSHI Date: 2021.10.25 18:46:43 +05'30'