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Madhya Pradesh High Court · body

2012 DIGILAW 1005 (MP)

Kallu v. State of M. P.

2012-10-05

SHEEL NAGU

body2012
Judgment Sheel Nagu, J.;- 1. Case Diary is perused. Learned counsel for the rival parties are heard. 2. This is first application under Section 439 Cr. P.C. by the applicants for grant of bail. Applicants have been arrested in connection with crime No. 84/2012, registered at Police Station-Karhaiya, District-Gwalior (M.P.) u/Ss. 294, 307, 302, 147, 148 & 149 of IPC on 03/08/2012, since when applicants are in judicial custody. 3. Learned Public Prosecutor for respondent/State has opposed the bail application and prays for its rejection by contending that on the basis of the allegation and the material available on record, no case for grant of bail is made out. 4. Considering the fact that the applicants are in custody since 03/08/2012 and investigation appears to be nearly completed and the prosecution story indicates that the main accused Raju has used fire arm to cause fatal injuries whereas the mere presence of applicants have been alleged with no overtact attributed to them and similarly placed co-accused Chhotu @ Surjeet and Manish @ Lokendra have since been extended the benefit of bail, therefore, there is no ground exists to take a different view and trial is not likely to be concluded at an early date and prolonged pretrial detention being an anathema to the concept of liberty, this court is inclined to extend the benefit of bail to the applicants. 5. Accordingly, without expressing any opinion on merits of the case, present application is allowed and it is directed that applicants be released on bail on their furnishing personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac only) each with two solvent sureties of the like amount each to the satisfaction of the Trial Court. 6. This order will remain operative subject to compliance of the following conditions by the applicants:- 1. The applicants will comply with all the terms and conditions of the bond executed by them; 2. The applicants will cooperate in the investigation/trial, as the case may be; 3. The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The applicants shall not commit an offence similar to the offence of which they are accused; 5. The applicants shall not commit an offence similar to the offence of which they are accused; 5. The applicants will not seek unnecessary adjournments during the trial; and 6. The applicants will not leave India without previous permission of the trial court/Investigating Officer, as the case may be. 7. A copy of this order be sent to the Court concerned for compliance. Certified copy as per rules.