Research › Search › Judgment

Madhya Pradesh High Court · body

2019 DIGILAW 42 (MP)

Kamal Singh v. State of M. P.

2019-01-11

SHEEL NAGU

body2019
ORDER 1. This is 1st bail application under section 439 of CrPC filed by the petitioners for grant of bail. 2. Petitioners have been arrested on 21.12.18 by Police Station Aron District Guna (M.P.) in connection with Crime No. 380/2018 registered in relation to the offences punishable under sections. 365 and 323/34 of IPC. 3. Learned Public Prosecutor for the State opposed the application and prayed for its rejection b1y contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out. 4. Petitioners are in custody since 21.12.2018 and it is informed by the parties that charge-sheet has been filed. Petitioners are alleged with kidnapping of 31 years old man namely Nanda Banjara who has made implicative statement under section. 164 CrpC that he was kidnapped and beaten up by petitioners but the M LC does not disclose any injury on the body of the abductee and therefore, possibility of over and false implication cannot be ruled out. Petitioners have no criminal antecedents. Further custodial interrogation of the petitioners may not be necessary. 5. In view of above and looking to the fact that early conclusion of the trial is a bleak possibility and prolonged pre-trial detention being an anathema to the concept of liberty and the material placed on record does not disclose the possibility of the petitioners fleeing from justice, this Court is inclined to extend benefit of bail to the petitioners. 6. Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the petitioners be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand only) each with two solvent sureties of the like amount to the satisfaction of the concerned trial Court. 7. This order will remain operative subject to compliance of the following conditions : 1. The petitioners will comply with all the terms and conditions of the bond executed by them; 2. The petitioners will cooperate in the investigation/trial, as the case may be; 3. The petitioners 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 petitioners will cooperate in the investigation/trial, as the case may be; 3. The petitioners 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 petitioners shall not commit an offence similar to the offence of which they are accused; 5. The petitioners will not seek unnecessary adjournments during the trial; and 6. The petitioners will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. 8. A copy of this order be sent to the Court concerned for compliance. Rajeev Shrivastava for petitioners; B.M. Patel, Public Prosecutor for respondent/state.