Madhya Pradesh High Court
Rambabu vs The State Of Madhya Pradesh on 18 June, 2021
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
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HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
MCRC-27383-2021
(Rambabu Vs. State of M.P.)
Gwalior, Dated : 18/06/2021
Heard Through Video Conferencing.
Shri Rajiv Jain, learned counsel for the applicant.
Shri P.P.S. Bajeeta, learned Public Prosecutor for the
respondent/State.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this second application under Section 439 of the Cr.P.C. for grant of bail. The first application was dismissed as withdrawn vide order dated 26/02/2021 passed in MCRC No.11212/2021.
The applicant has been arrested on 30/11/2020 by Police Station- Shamshabad, District- Vidisha (M.P.) in connection with Crime No.67/2020 registered in relation to the offence punishable under Sections 306/34 of IPC.
Allegation against the applicant and other co-accused person i.e. his wife, in short, is that the applicant and his wife Ramdulari beat to the deceased Harpal Singh Rajput and also extended the threat that they would implicate the deceased for committing rape, due to which they instigated the deceased to commit suicide. On the basis of aforesaid, crime has been registered against the applicant.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He is in custody since 30/11/2020. 2
HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-27383-2021 (Rambabu Vs. State of M.P.) Charge-sheet has been filed, therefore, further custodial interrogation is not required. It is also submitted that on perusal of 161 statements of Vinay Singh Rajput and Bhawar Singh alias Rinku Rajput, it can be seen that the present applicant did not instigate the deceased to commit suicide, therefore, the ingredients of Section 107 of IPC are not attracted to the facts and circumstances of the present case. The applicant has no criminal antecedents. The change circumstances in the present case are that the co-accused- Ramdulari has been enlarged on bail by this Court vide order dated 15/01/2021 passed in MCRC No.52579/2020 on similar grounds. The only allegation against the present applicant as per the statement is that he insulted the deceased. Learned counsel for the applicant submits that in view of COVID-19, outbreak, detention of applicant in already congested prisons may be detrimental. The applicant is a permanent resident of District- Vidisha (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. Under these circumstances, prayer for grant of bail is made.
Learned Panel Lawyer 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.
However, it would not be desirable to enter into the merits of the rival contentions at this juncture.
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HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-27383-2021 (Rambabu Vs. State of M.P.) Considering the overall facts and circumstances of the case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.
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 Rs.1,00,000/- (Rupees One Lac Only) with two local solvent sureties each of Rs.50,000/- to the satisfaction of the trial Court for his appearance on the dates given by the concerned Court. The applicant shall also furnish a written undertaking before the concerned Court that he will abide by all the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.
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 4 HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-27383-2021 (Rambabu Vs. State of M.P.) 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 will not seek unnecessary adjournments during the trial; and
5. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
6. The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench.
A copy of this order be sent to the Court concerned for compliance.
Certified copy/e-copy as per rules/directions.
(S.A. Dharmadhikari) Judge rahul RAHUL SINGH PARIHAR 2021.06.21 11:06:49 +05'00'