Madhya Pradesh High Court
Ram Kumar Sahu vs The State Of Madhya Pradesh on 20 January, 2016
1 Mcrc.12260.2015
Ram Kumar Sahu Vs. State of M.P.
20.01.2016
Shri A.R. Shivhare, counsel for the petitioner.
Shri Prabal Solanki, Public Prosecutor, for the
respondent/State.
I.A.No.573/2016 which is an application for correction for the reasons stated therein stands allowed and the learned counsel for the petitioner is directed to carry out the correction during the course of the day.
Now, heard on the main application.
Perused the case diary.
Learned counsel for the rival parties are heard. The applicant has filed this second repeat application u/S 439 of Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Dabra, District Gwalior (M.P.) in connection with Crime No.974/2014 registered in relation to the offences punishable under Sections 302/34 of IPC.
Learned Public Prosecutor 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.
This repeat bail application has been filed after rejection of the earlier one on 31.08.2015 in shape of Mcrc No.2971/2015 which was rejected on merits. The new ground 2 Mcrc.12260.2015 Ram Kumar Sahu Vs. State of M.P. raised herein is the recording of the statements of principal prosecution witnesses, namely, Rakesh (PW-3) on 26.10.2015, Poshan Singh (PW-4) on 26.10.2015, Vrindawan Singh Rawat (PW-5) on 27.10.2015 and Bharat Rawat (PW-6) on 28.10.2015 who all have turned hostile and did not support the prosecution story. Their statements have been placed on record. There are no criminal antecedents against the petitioner. This Court is though inclined to extend the benefit of bail to the applicant, however, with certain stringent conditions looking to the nature of offence.
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/- (Rs. One Lac Only) with two solvent sureties of Rs.50,000/- each 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 3 Mcrc.12260.2015 Ram Kumar Sahu Vs. State of M.P. 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. The petitioner shall mark his attendance before the trial court once a week.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(Sheel Nagu) Judge pd