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2022 DIGILAW 285 (MP)

Rajesh Kumar v. State of Madhya Pradesh Incharge

2022-02-18

RAJEEV KUMAR SHRIVASTAVA

body2022
JUDGMENT Rajeev Kumar Shrivastava, J. - The applicants have filed this first bail application u/S.439 Cr.P.C for grant of bail. applicants have been arrested on 07.01.2022 by Police Station Pandokhar, Distt. Datia (M.P.) in connection with Crime No.217/2021 registered for offence under Sections 294, 323, 324, 336, 506, 34 of IPC and Ijafa Sections 325, 326 of IPC. It is submitted by learned counsel for the applicants-Rajesh Kumar @ Raju Dohare and Bhaiyalal @ Bhaiyan that the present applicants are innocent. They have falsely been implicated in this case. Other co-accused of this case have already been granted bail by this Court. Charge sheet has already been filed. Trial will take its own time. Hence, prayed for grant of bail to the applicants. Learned State counsel vehemently opposed the application and has submitted that the case of the present applicants are totally different from the case of other co-accused who have already been enlarged on bail. as the present applicants are the main accused who caused injuries over the nose of the victim by means of axe which resulted into grievous fracture. Therefore, considering the nature and gravity of offence, prayed for rejection of bail. Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the record available. Considering the arguments advanced by the counsel for the applicants along with the facts and circumstances of the case, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicants shall be released on bail on each of them furnishing personal bond of Rs.75,000/-(Rupees Seventy Five Thousand only) with one solvent surety in the like amount to the satisfaction of the Court concerned for their regular appearance before the trial Court concerned on the dates fixed by it. 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 them from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. 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 them from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The applicants shall not commit any kind of offence. In case of commission of any kind of offence, this bail order shall automatically stand cancelled; 5. The applicants will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial; 6. The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; Application stands allowed and disposed of. Let a copy of this order be sent to the trial Court concerned for compliance. Certified copy as per rules.