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Madhya Pradesh High Court · body

2014 DIGILAW 639 (MP)

Suny v. State of M. P.

2014-06-16

SHEEL NAGU

body2014
ORDER 1. The applicant has filed this first bail application under section 439, CrPC for grant of bail. The applicant has been arrested by Police Station Dehat, District Bhind in connection with Crime No.256/2013 registered in relation to the offences punishable under sections 302/34 of IPC. 2. 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. 3. Considering the fact that the applicant is in custody since 24.7.2013, charge sheet has been filed where allegation of murder has been imposed against the applicant leading to registration of FIR under suspicion. Statement is recorded after one month of lodging of FIR. The statement of eye witness was recorded, the possibility of over/false implication cannot be ruled out and that the applicant has no criminal antecedents earlier and looking to the age of the applicant which is 19 years, this Court is inclined to extend the benefit of bail to the applicant but with certain stringent conditions in view of the nature of offence. 4. Accordingly, this application is allowed and it is directed that the applicant be released on bail on his furnishing a personal bond each in the sum of Rs.1,00,000/- (Rs. One Lac only) with two solvent surety each in the like amount to the satisfaction of the concerned trial Court. 5. 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 bonds executed by them; 2. The applicant will cooperate in the investigation/trial, as the case may be; 3. The applicant 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/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 concerned trial Court once in a fortnight. 6. 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 concerned trial Court once in a fortnight. 6. A copy of this order be sent to the Court concerned for compliance.