MCRC/4651/2024 of KAMTA PRASAD Vs THE STATE OF MADHYA PRADESH on 2 February 2024

ORDER

I.A. No.2486/2024, an application for taking documents on record is taken up, considered and allowed for the reasons mentioned therein.

Documents are taken on record.

This is third application filed by the applicant under Section 439 of theCr.P.C. for grant of bail relating to Crime No. 212 of 2023 registered at PoliceStation City Basoda, District Vidisha (M.P.) for the offence under Sections302, 307 of IPC and Section 25 of Arms Act.

Second application of the applicant was dismissed as withdrawn withliberty to file afresh after examination of all the material witnesses in M.Cr.C.No.49291 of 2023 vide order dated 27.12.2023.

Learned counsel for the applicant/accused argued that the applicant isinnocent and has been falsely implicated. After order dated 27.12.2023, theremaining eye-witnesses namely Jitendra Sharma alias Rinku, Brajesh Bagheland Hukum Singh Pal have been examined, however they have not supportedthe case of the prosecution and turned hostile. In support of his arguments, hefiled the statements of the prosecution witnesses PW-1 Vinod Sharma, PW-2Neeraj Hazari, PW-3 Rahul Yadav, PW4 - Hukum Singh Pal, PW-5 JitendraSharma alias Rinku and PW-6 Brajesh Baghel. The above statements indicatethat the eye witnesses namely Jitendra Sharma alias Rinku, Brajesh Baghel andHukum Singh Pal have not supported the case of the prosecution and turnedhostile, therefore, the entire prosecution story becomes doubtful. The applicantis in custody since 06.05.2023 and his custodial interrogation is not requiredanymore. He is permanent resident of District Vidisha (M.P.) and there is nopossibility of his absconding or tempering with prosecution case. On thesegrounds, he prays for grant of bail to the applicant.

Per contra, learned Panel Lawyer for the respondent/State vehementlyopposed the bail application and prayed for its rejection.

Heard learned counsel for the rival parties and perused the case diaryavailable on record.

Considering the facts and circumstances of the case, but withoutexpressing any opinion on merits of the case, this application is allowed and itis directed that the applicant be released on bail on furnishing a personal bondin the sum of Rs.50,000/- (Rupees Fifty Thousand Only)with one solvent surety in the like amount to the satisfaction of the trial Court/committal Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1) The applicant will comply with all the terms andconditions of the bond executed by him;

2) The applicant will cooperate in the investigation/trial, asthe case may be;

3) The applicant will not indulge himself in extendinginducement, threat or promise to any person acquainted withthe facts of the case so as to dissuade him/her fromdisclosing such facts to the Court or to the Police Officer, asthe case may be;

4) The applicant shall not commit an offence similar to theoffence of which he/she is accused;

5) The applicant will not seek unnecessary adjournmentsduring the trial; and

6) The applicant will not leave India without previouspermission of the trial Court/Investigating Officer, as the case may be.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

Facts

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.

AK/-

(SUNITA YADAV)JUDGE