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Madhya Pradesh High Court · body

2019 DIGILAW 47 (MP)

Dwarika Prasad v. State of M. P.

2019-01-11

SHEEL NAGU

body2019
ORDER 1. Learned counsel for the rival parties are heard. 2. This is 1st bail application under sections 439 of CrPC filed by the petitioner for grant of bail. 3. Petitioner has been arrested on 5.12.2018 by Police Station Dabra District Gwalior (M.P.) in connection with Crime No. 753/18 registered in relation to the offences punishable under sections 327, 324, 323, 294, 34 of IPC further added sections 307, 329, 325 of IPC. 4. 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. 5. Petitioner is alleged with attempt to murder with the allegation that he has assaulted on the head of injured with an axe and the injury sustained is opined to be incised in nature on occipital region. However, the same incident seems to have given rise to a cross case bearing No. 236/18 where petitioner's wife has been injured and therefore, possibility of petitioner exercising his right of private defence cannot be ruled out. 6. 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 petitioner fleeing from justice, this Court is inclined to extend benefit of bail to the petitioner. 7. Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the petitioner be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand only) with two solvent sureties each of Rs. 25,000/- to the satisfaction of the concerned trial Court. 8. This order will remain operative subject to compliance of the following conditions : 1. The petitioner will comply with all the terms and conditions of the bond executed by him; 2. The petitioner will cooperate in the investigation/trial, as the case may be; 3. The petitioner 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 petitioner will cooperate in the investigation/trial, as the case may be; 3. The petitioner 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 petitioner shall not commit an offence similar to the offence of which he is accused; 5. The petitioner will not seek unnecessary adjournments during the trial; and 6. The petitioner 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.