Madhya Pradesh High Court
MCRC/51368/2018 of PRAVEEN Vs THE STATE OF MADHYA PRADESH on 31 December 2018
MP BEHCN AT INDORE MCRC No.51368/2018 Praveen vs. The State of M.P.
MCRC No.51368/2018
Praveen vs. The State of M.P.
Indore: Dated:-31.12.2018
Shri A. Jain, learned counsel for the petitioner.
Shri Bhuwan Gautam, learned Public Prosecutor for therespondent/State.
Heard with the aid of case diary.
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O R D E R
1. This is secondbail application under Section 439 ofCr.P.C. in connection with Crime No.273/2018 under Section302, 307/34 of IPC registered at Police Station-KukshiDistrict-Dhar. First application was dismissed as withdrawn videorder dated 08.08.2018 passed in MCRC No.31130/2018.
2. This time, the petitioner has come before this Court afterstatements of the material witnesses.
3. Copies of the statements of Virender Singh PW-1, DeepakPW-2, Seema PW-3, Mahendra PW-4, Babu PW-5, Gautam PW-6, Kavita @ Savita PW-7 (dauther of the deceased) and MukeshPW-8 (Husband of Kavita) have been filed by the petitioner.Except Kavita, all other witnesses have turned hostile and havenot supported the case of the prosecution. Even, husband ofKavita has not supported the case of the prosecution. Kavita hasstated that she had seen the incident or that she had seen Praveeninflicting Falia on her father, but, it is mentioned in the FIR itselfthat after hearing clamour, only Mukesh came out from thehouse.
4. It is submitted by the learned counsel for the petitioner thatco-accused Bharat has already been granted bail by this Courtvide order dated 08.08.2018 passed in MCRC No.31130/2018.The petitioner is in custody since 21.05.2018. Therefore, he maybe granted bail.
5. The Public Prosecutor has opposed the bail application.
HIGH COURT OF MP BEHCN AT INDORE
6. In view of the arguments advanced by the learned counselfor the petitioner, allegations made against him, I deem it properto release the accused on bail. Therefore, without commenting onmerits of the case, the application is allowed.
7. It is directed that the petitioner Praveen be released fromcustody on his furnishing a personal bond in the sum of with one solventRs.30,000/- (Rupees Thirty thousand) surety of the like amount to the satisfaction of the Trial Court forhis appearance before the Trial Court as and when requiredfurther subject to the following conditions:-
(i) The petitioner shall co-operate with the trial andshall not seek unnecessary adjournments on frivolousgrounds to protract the trial;
(ii) The petitioner shall not directly or indirectly allureor make any inducement, threat or promise to theprosecution witnesses, so as to dissuade them fromdisclosing truth before the Court;
(iii) The petitioner shall not commit any offence orinvolve in any criminal activity;
(vi) In case of his involvement in any othercriminal activity or breach of any other aforesaidconditions, the bail granted in this case may also becancelled.
amit
Digitally signed by Amit Kumar Date: 2018.12.31 16:32:32 +05'30'
(Virender Singh) V. Judge