Madhya Pradesh High Court
Durgaprasad vs The State Of Madhya Pradesh Thr on 5 January, 2016
MCRC-13631-2015
(DURGAPRASAD Vs THE STATE OF MADHYA PRADESH THR)
05-01-2016
Shri Sushil Goswami, counsel for the applicant.
Smt. Sangeeta Pachouri, Public Prosecutor, for the
respondent/State.
Shri Anshu Gupta, counsel for the complainant. Perused the case diary.
Learned counsel for the rival parties are heard. The applicant has filed this first application u/S 439 of Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Dehat Basoda, District Vidisha (M.P.) in connection with Crime No.368/2015 registered in relation to the offences punishable under Sections 302, 307, 323, 324, 325, 506, 147, 148, 149 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.
The applicant is in custody since November, 2015. The charge- sheet is stated to have been filed after conclusion of investigation. The allegation of murder is alleged. Omnibus allegation of assault with lathi is alleged against all the persons including the present applicant. It is stated that several persons have been injured and sustained grievous injuries of fracture.
Be that as it may the only extenuating circumstance which appears to favour the petitioner is the age which is stated to be 70 years but has been recorded as 65 in the arrest memo. The applicant has no criminal antecedents and therefore without entering into the merits of the matter and considering the age of the applicant, this Court is inclined to extend the benefit of bail to the applicant, however, with some stringent conditions.
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 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 shall mark his attendance before the 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