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Madhya Pradesh High Court

Lakhan @ Chilma Adiwasi vs The State Of Madhya Pradesh on 11 March, 2015

             ( 1)             M.Cr.C. No.2105/2015

                         Lakhan @ Chilma Adiwasi
                                      Vs.
                          State of Madhya Pradesh
11-03-2015


     Shri Suresh Agrawal, Advocate for the applicant.
     Shri Kuldeep Singh, Panel Lawyer for respondent/

State.

This is the first application for bail under Section 439 of Cr.P.C. The applicant has been arrested on 20-08-2014 in connection with Crime No.260/2014 registered at Police Station Kolaras District Shivpuri for the offence punishable under Sections 394, 397, 302, of IPC and 11/13 of MPDVPK Act.

It is alleged that the complainant Mohammad Salman Khan the son of the owner of truck bearing registration No. UP36 T 9797 was going with driver Sharif Khan and cleaner Mohd. Kalam from the village Chalisgaon Maharashtra to Nepal. On 1.8.2014 when they reached near Padora bridge, front tyre of the truck got punctured. When they were replacing the tyre, 3-4 miscreants armed with lathi hockey came to the scene, abused them and demanded money. When they refused to give money they started beating them by lathi and hockey. The miscreants also took their cell phones.

Somehow, complainant Mohammad Salman Khan escaped from their clutches and reached to Raju Hotel and narrated the story to the persons present there. When police came they went near the truck and the driver and cleaner were found lying in injured condition. On the report of Mohammad Salman Khan case has been registered.

On behalf of the applicant it is submitted that the report against unknown persons was registered. Charge sheet has been filed. In the TIP conducted by Naib Tehsildar on 11/12/2014 the applicant was not identified by the complainant. Learned counsel for the applicant also claimed parity with the co-accused Harkanth, who was enlarged by this Court in M.Cr.C No. 11333/2014. Therefore, the applicant be given the benefit of bail Learned Panel Lawyer for the State opposed the application for bail.

Considering the above, 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 ( 3) M.Cr.C. No.2105/2015 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 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 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. In case of any 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) JUDGE Aruna