Madhya Pradesh High Court
Ramshankar Singh Rajawat vs The State Of Madhya Pradesh on 30 September, 2014
1
Ramshankar Singh Rajawat Vs. State of M.P.
M.Cr.C. No.8961/2014
30.09.2014
Shri D.S. Kushwah, Advocate for applicant.
Shri B. Raj Pandey, Public Prosecutor for
Respondent/State.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this first application u/S 439, Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Bharoli, District Bhind in connection with Crime No. 16/2013 registered in relation to the offences punishable u/Ss. 302, 147, 148, 149, 336, 341 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.
Considering the fact that the applicant is in custody since date of his arrest and the charge-sheet has since been filed where allegation against the applicant is of committing murder along with other co-accused and the applicant is stated to be present on the spot of scene wielding fire arm without any other overtact alleged against him and the statement of one of the prosecution witness Rajni recorded under section 161 of Cr.P.C.
2Ramshankar Singh Rajawat Vs. State of M.P. M.Cr.C. No.8961/2014 reveals the applicant to have used fire arm, but no further allegation of injuring anybody and the applicant is having criminal antecedent of offence of similar nature registered in 2010 and looking to the nature of offence alleged against the petitioner and period of incarceration and trial is not likely to conclude in the near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court though is inclined to extend the benefit of bail to the applicant, but with certain stringent conditions, in view of the nature of offence and criminal antecedents of the applicant.
Accordingly, this application is allowed and it is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lakh only) with two solvent sureties in the like amount to the satisfaction of the concerned Trial Court.
This order will remain operative subject to compliance of the following conditions by the applicants :-
1. The applicant will comply with all the terms and conditions of the bonds executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himselves 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 3 Ramshankar Singh Rajawat Vs. State of M.P. M.Cr.C. No.8961/2014 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 will appear and mark his attendance before the trial court concerned once in a week, failing which, this bail application shall stand cancelled automatically without further reference to this Court.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(Sheel Nagu) Judge Durgekar*