Madhya Pradesh High Court
Husain Ali vs The State Of Madhya Pradesh on 5 March, 2015
1
M.Cr.C. No.1650/2015
(Husain Ali Vs. State of MP)
05.03.2015
Shri Sushil Goswami, Advocate for the applicant.
Shri B.P.S.Chauhan, Panel Lawyer for the respondent/State.
Learned counsel for the rival parties are heard. The applicant has filed second bail application u/S. 439, Cr.P.C. for grant of bail after rejection of earlier one which was dismissed without being consideration on merits of the case. The applicant has been arrested on 21.12.2014 by Police Station Sironj, District Vidisha in connection with Crime No.421/2014 registered in relation to the offences punishable u/Ss. 292 and 295 of IPC and Sections 66(A) and 67 I.T. 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 ground raised herein is that the petitioner is in custody since 21.12.2014 and investigation stands completed by filing of the chargesheet on 13.02.2015. The allegation against the petitioner is of selling of obscene books and defiling the place of worship under Sections 292 and 295 of IPC respectively which provide penalty for two years and offence is triable by Magistrate and the petitioner has no criminal antecedents and that the early conclusion of the trial is a bleak possibility and prolonged pretrial detention is anathema to the concept of liberty and the material placed on record does not disclose possibility of the applicant fleeing from justice, this Court is though 2 M.Cr.C. No.1650/2015 inclined to extend the benefit of bail to the applicant, but with certain stringent conditions in view of the nature of the 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.50,000/(Rs. Fifty Thousand only) with two solvent sureties each of Rs.25,000/ 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 nature of offence, the applicant will mark his attendance at the concerned trial Court once in a fortnight. A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(Sheel Nagu) Judge AK/