Madhya Pradesh High Court
Pramod Yadav vs The State Of Madhya Pradesh on 3 September, 2019
Author: Sunil Kumar Awasthi
Bench: Sunil Kumar Awasthi
:1:
THE HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
M.Cr.C.No.34933/2019
(Pramod Yadav Vs. State of M.P.)
Indore, Dated: 03/09/2019
Shri Sanjay Joshi, learned counsel for the applicant.
Shri Vinit Hardia, learned Public Prosecutor for the
respondent/State.
Heard. Case diary perused.
This is repeat (second) application under Section 439 of the Cr.P.C., for grant of bail in connection with Crime No. 445/2018, registered at Police Station-Dwarkapuri, District- Indore for commission of offence punishable under Sections 435, 436, 323, 294 and 506/34 of the IPC.
As per prosecution case, on 20/09/2018, complainant Harish lodged a report alleging that applicant alongwith co- accused-Sonu came to his Factory and they assaulted his servants- Nilesh and Vijay and thereafter, set fire on the factory.
Learned counsel for the applicant submits that the applicant is a youth of aged about 19 years and he is not having any criminal antecedents. It is also submitted that the police neither recorded the statement of eye-witness-Neelesh under Section 161 of the Cr.P.C. nor he was included in the list of prosecution witnesses, thus, he has not been examined before the trial Court. Other eye-witness-Vijay has been examined before the trial Court, however, he has not supported the prosecution story and turned hostile. Under these circumstances, there is no direct evidence available on record to connect the applicant with the alleged offence. Investigation is over and charge-sheet has been filed. There is no possibility of early conclusion of the trial. Under these circumstances, learned counsel for the applicant prays for grant of bail to the :2: applicant.
Learned Public Prosecutor for the State submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant be dismissed.
Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the applicant, but 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 on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousands only) with one solvent surety of the like amount to the satisfaction of trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) of Cr.P.C.
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.
(S. K. Awasthi) Judge skt Santosh Kumar Tiwari 2019.09.04 10:21:56 +05'30'