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Madhya Pradesh High Court · body

2014 DIGILAW 729 (MP)

Jeetu v. State of M. P.

2014-06-26

SHEEL NAGU

body2014
ORDER 1. The applicant has filed this first application under section 439, CrPC for grant of bail. The applicant has been arrested by Police Station Fatehgarh, District Guna in connection with Crime No.23/2014 registered in relation to the offences punishable under sections 147, 148, 323, 325, 506 and 307 of IPC read with section 3(1)(x) and 3(2)(V) of SC/ST Act. 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. The applicants are in custody since last about three months and the charge sheet has since been filed. The allegation of attempt to murder has been made against the applicants who are said to be wielding lathi. Omnibus allegation of assaulting the injured has been made against the applicants. The injured has been discharged after a brief spell of hospitalization. The applicants have no criminal antecedents. The trail is not likely to conclude in the near future and that prolonged pre-trial detention is an anathema to the concept of liberty and the material placed on record does not disclose the applicants fleeing from justice. In view of the above, this Court is inclined to extend the benefit of bail to the applicants. 4. Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicants be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs.Fifty Thousand only) with two solvent sureties of like amount in case of each of the applicants 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 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/her from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The applicants shall not commit an affence similar to the offence of which they are accused; 5. The applicants shall not commit an affence 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. 6. A copy of this order be sent to the Court concerned for compliance.