Madhya Pradesh High Court
Pradeep Rajoriya vs The State Of Madhya Pradesh on 11 September, 2014
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Pradeep Rajoriya Vs. State of M.P.
M.Cr.C. No.7637/2014
11.09.2014
Shri U.K. Bohare, Advocate for applicant.
Shri B. Raj Pandey, Public Prosecutor for
Respondent/State.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this first application u/S 439, Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Kampu, District Gwalior in connection with Crime No. 95/2011 registered in relation to the offences punishable u/Ss 395, 452, 427, 294, 323, 34 of IPC and section 11/13 of MPDVPK Act.
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.
Considering the fact that the applicant is in custody since 14.08.2014 and the charge sheet has since been filed where allegations of assault with Lathi /Saria has been made. The MLC report discloses simple injury to all the injured except Manoj who is said to have sustained fracture on 3rd and 4th toe of right foot and the applicant has criminal antecedent and the trial is not likely to conclude in the near future and that prolonged pre-trial detention being an anathema to the concept of liberty, this Court though is inclined to extend the benefit of bail to the applicant, but with certain stringent conditions, in view of nature of offence and criminal antecedent of the applicant.
2Pradeep Rajoriya Vs. State of M.P. M.Cr.C. No.7637/2014 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 lakh only) with two solvent sureties each of Rs. 50,000/- 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. The applicant will mark his attendance before the trial court concerned once in a week, failing which, this bail application shall stand cancelled automatically without further reference to this Court.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(Sheel Nagu) Judge Durgekar*