Madhya Pradesh High Court
Jantri @ Aditiya vs The State Of Madhya Pradesh on 8 April, 2015
1
M.Cr.C. No.2378/2015
(Jantri @ Aditiya Vs. State of MP)
08.04.2015
None for the applicant.
Shri J.M. Sahani, Panel Lawyer for the respondent/State.
Learned counsel for the State is heard.
The applicant has filed this First bail application u/S.439, Cr.P.C. for grant of bail. The applicant has been arrested on 03.08.2014 by Police Station Porsa, District Morena in connection with Crime No.218/2014 registered in relation to the offences punishable u/Ss. 399, 400, 402 of IPC, Section 11/13 of MPDVPK Act and Sections 25/27 of the Indian Arms Act.
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.
The petitioner is in custody since 03.08.2014 and allegations of assembling and preparing for dacoity has been made where fire arm has been seized from the applicant and no one is said to have injured and investigation stands completed and trial is not likely to conclude in near future and prolonged pretrial detention being an anathema to the concept of liberty, this Court though is inclined to extend the benefit of bail to the applicant, but certain stringent condition in view of criminal antecedents of the applicant.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant 2 M.Cr.C. No.2378/2015 be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/(Rs. One Lac only) with two solvent sureties, of 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 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. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. Looking to the criminal antecedents, the applicant will mark his attendance at the concerned trial Court once in a week. A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(Sheel Nagu) Judge Durgekar*