Madhya Pradesh High Court
Balban Singh vs The State Of Madhya Pradesh on 16 December, 2014
M.Cr.C.No.8404/2014 (Balban Singh Vs. State of M.P.)
16.12.2014.
Applicant by Shri Rajiv Sharma, Advocate.
Respondent/State by Shri R.K. Shrivastava, Panel Lawyer.
Heard.
This is first bail application under section 439 of Cr.P.C. The applicant has been arrested in connection with Crime No.231/2014 registered at Police Station Shamshabad, District Vidisha for the offences punishable under Section 302, 201 of IPC.
As per prosecution case, on 16.7.2014 Rajesh Parihar Ward Boy of Hospital Vidisha has informed Kotwali Vidisha that Bhagwat Singh was admitted in the hospital in a injured condition by one Shaitan Singh, but he had died, thereafter marg was registered at Marg No.36/2014 and during the marg inquiry it has been found that Balwan Singh has inflicted axe blow on the deceased. After investigation the case has been registered against the applicant and other co-accused persons.
Learned counsel for the applicant submits that applicant has falsely been implicated in the case. He has not committed any offence. Learned counsel further submits that the applicant is in custody since 25.7.2014. Learned counsel for the applicant that there is no eye-witness of the incident and no incised wound has been found on the body of the deceased. In such M.Cr.C.No.8404/2014 (Balban Singh Vs. State of M.P.) premises, the applicant prayed for bail.
The prayer is opposed by learned Panel Lawyer. Case diary perused.
Considering the facts and circumstances of the case and keeping in view of the argument of the learned counsel for the applicant and the fact that applicant is under custody since 25.7.2014 and trial is likely to take time, but without expressing any view on the merits of the case, this application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of 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;
M.Cr.C.No.8404/2014 (Balban Singh Vs. State of M.P.)
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.
A copy of this order be sent to the Court concerned for compliance.
C.C. as per rules.
(Sushil Kumar Gupta ) Judge pawar/-