Madhya Pradesh High Court
Rambahadur vs The State Of Madhya Pradesh on 4 November, 2016
1 M.Cr.C. No.12012/2016
(Rambahadur Vs. State of M.P.)
04/11/2016
Shri Anshu Gupta, learned counsel for the applicant.
Shri G.S. Chauhan, learned Public Prosecutor for the
respondent/State.
Heard.
This is first application under Section 439 of Cr.P.C., preferred by the applicant. The applicant is behind the bar since 03/10/2016 in connection with Crime No.318/2016 registered at Police Station Kumbhraj, District-Guna for the alleged offence punishable under Sections 307, 323, 341, 147, 148 and 149 of IPC.
Learned counsel for the applicant submits that as per allegation itself, the applicant is not involved in any over/covert act to fasten the liability of Section 307 of IPC over the present applicant. Because as per the statement of the complainant/victim-Ramsingh, the present applicant was carrying a Lathi and did not involve himself in any physical assault or blow. He submits that the applicant has been falsely implicated in the case and has no role to play directly or indirectly in the alleged incident, hence, he pleads innocence. He further submits that the applicant is in custody since 03/10/2016 and no further custodial interrogation is required.
On the other hand, learned Public Prosecutor for the State opposed the bail application but could not dispute the fact as projected by the applicant. He fairly submits that as per the case diary, the act of other co-accused-Kamal Singh and Mukesh are referred and not the act of Ram Bahadur (present applicant).
Heard the learned counsel for the parties and perused the case diary.
Considering the submissions as advanced by counsel for the parties as well as the fact that the applicant has not given any blow or physical assault to the complainant, and in the 2 M.Cr.C. No.12012/2016 (Rambahadur Vs. State of M.P.) interest of justice, without expressing any opinion on the merits of the case, this Court deem it fit to allow the bail application but with certain stringent conditions. (1) It is directed that the applicant-Rambahadur be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court concerned;
2. The applicant will comply with all the conditions enumerated under Section 437(3) of Cr.P.C. and so also as imposed by the trial Court.
3. The applicant will cooperate in the investigation/trial, as the case may be;
4. 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;
5. The applicant shall not commit an offence similar to the offence of which he is accused;
6. The applicant will not seek unnecessary adjournments during the trial; and
7. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
8. This order shall be effective till the end of the trial but in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(Anand Pathak) Judge vc