MCRC/4425/2024 of DEEPENDRA @ DEEPAK SINGH Vs THE STATE OF MADHYA PRADESH on 2 February 2024

ORDER

This is the first application filed by the applicant under Section 439 of theCr.P.C. for grant of bail relating to Crime No.243 of 2022 registered at PoliceStation Phooph, District Bhind (M.P.) for the offence under Sections 324, 323,294, 506 (Part-II) and later enhanced Sections 325, 326, 34 of IPC.

Learned counsel for the applicant argued that the applicant is innocentand has been falsely implicated. Earlier case was registered for the offencesunder Sections 324, 323, 294, 506 (part-II) and 325 of IPC, however, learnedtrial Court has taken cognizance under Section 326 of IPC and thereafter, applicant - accused got arrested. It is further argued that on the same set ofevidence, applicant - accused was granted bail and he never misused the libertyso granted. Under these circumstances so also in the light of the fact that injuryallegedly inflicted by applicant - accused was not found to be caused by sharp-cutting object, he is entitled to get benefit of bail. Further argument is that theapplicant is in custody since 20.12.2023. After conclusion of investigation,charge-sheet has already been filed, therefore, there is no requirement of furthercustodial interrogation of the applicant. Applicant is the permanent resident ofDistrict Bhind (M.P.) and there is no possibility of his absconsion or tamperingwith the prosecution evidence. Hence, h e prays for grant of bail to theapplicant.

P e r contra, learned Public Prosecutor for the respondent/Statevehemently opposed the bail application and prayed for its dismissal.

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 it isdirected that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000 (Rupees One Lakh Only) with one solvent surety inthe like amount to the satisfaction of the trial Court/committal court.

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

1) The applicant will comply with all the terms andconditions of the bond executed by him; conditions 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 extending inducement, 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 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 casemay be; and 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.

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.

AKS

(SUNITA YADAV)JUDGE