Madhya Pradesh High Court
Jagesh Giri vs The State Of Madhya Pradesh on 11 September, 2019
Author: Akhil Kumar Srivastava
Bench: Akhil Kumar Srivastava
1 MCRC-35150-2019
The High Court Of Madhya Pradesh
MCRC-35150-2019
(JAGESH GIRI Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 11-09-2019
Shri Anil Kumar Namdeo, counsel for the applicant.
Shri B. S. Thakur, Panel Lawyer for respondent/State.
Case diary is available.
This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No.185/2019 registered at Police Station Baghsevaniya District Bhopal for the offence punishable under Sections 294, 307, 302, 147, 148 and 149 of IPC and Section 25 of the Arms Act.
It is alleged that the applicant on the date of incident along with co- accused persons reached the place of incident on vehicle/Scorpio and assaulted one Mukesh by means of knife and sword, resulting to his death. In the statement of witnesses recorded during trial, it is stated that Ashish and Yogesh have caused knife injuries to the deceased and as per the postmortem report the cause of death is stab wounds.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated due to prevailing animosity. No overt act has been attributed against the present applicant. Charge sheet has been filed. The applicant is a permanent resident of District Bhopal and there is no likelihood of absconding and tampering with the prosecution evidence by the applicant and his further custody is not required in this case. The applicant is ready to furnish bail as per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.
Per contra, learned Panel Lawyer opposes the application and prays fo r 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.
Heard learned counsel for the respective parties, perused the case Digitally signed by ANCHAL KHARE Date: 11/09/2019 22:25:10 2 MCRC-35150-2019 diary. Taking into consideration the nature of respective allegations and entire facts and circumstances of the case coupled with the fact that no specific overt act has been attributed to the present applicant in the statement of prosecution witnesses, but without commenting anything on merits of the matter, this Court is the considered view that the applicant deserves to be enlarged on bail. It is, therefore, ordered that the applicant Jagesh Giri is directed to be released on bail upon his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of 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 trial; (3) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer;
(4) The applicant shall not commit any offence during the entire period of bail;
(5) The applicant will not seek unnecessary adjournments during the trial;
(6) The applicant will not leave India without previous permission of the trial Court;
(7) The applicant shall inform the trial Court about his address and residence in case he moves out from his permanent address for any point of time; and (8) The applicant shall not contact any of the other accused persons in this case in any manner whatsoever.
This order shall remain effective till the end of the trial but in case of Digitally signed by ANCHAL KHARE Date: 11/09/2019 22:25:10 3 MCRC-35150-2019 bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench. The application is allowed to the extent above.
Certified copy as per rules.
(AKHIL KUMAR SRIVASTAVA) JUDGE Anchal Digitally signed by ANCHAL KHARE Date: 11/09/2019 22:25:10