Madhya Pradesh High Court
Surendra Singh @ Balu Singh vs The State Of Madhya Pradesh on 21 April, 2016
-: 1 :-
Misc. Criminal Case No.3471/2016
21/04/2016
Shri Himanshu Thakur, learned counsel for the applicant.
Shri Bhuwan Deshmukh, learned Govt. Advocate for the
respondent/State.
Heard.
ORDER
This is a first bail application under Section 439 of Cr.P.C. The applicant has been arrested in Crime No.20/2016 registered at Police Station Suwasra, District-Mandsaur, for the offence punishable under Section 307 of the IPC.
As per the prosecution case on 26/01/2016 when complainant was going to Suwarsara Mandi on his motorcycle and Sardar Singh and Chander Singh were sitting behind him then at about 2:00 p.m. persons came to his motorcycle and one person has fired on him from katta, thereafter they ran away towards Kishorepura.
Learned counsel for the applicant submits that the applicant has not committed any offence. He has falsely been implicated. The charge-sheet has been filed. No fire arm injury has been found on the person of the Sardar Singh. The applicant is in custody since 03/02/2016. The conclusion of trial likely to take time. Hence, prayed for bail.
The prayer is opposed by learned Govt. Advocate. Case diary perused.
As per medical report of Sardar Singh no sign of bullet injury has been found.
Considering the allegation against applicant coupled with the fact that as per medical report of Sardar Singh no sign of bullet injury has been found ,he is under custody since 03/02/2016 and charge sheet has been filed , but without commenting anything on the merits of the case, the 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 -: 2 :- 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;
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.
(D.K.Paliwal) Judge skt