MCRC/11597/2015 of AMAR SINGH Vs THE STATE OF MADHYA PRADESH on 31 December 2015

Arguments

31.12.2015

Shri Amit Bhatia, learned counsel for the applicants.

Shri Romesh Dave, learned Dy. GA for the respondent/State.

This is first application under Section 439 of Cr.P.C. Theapplicants have been arrested in Crime No.1231/2015 registeredat Police Station, Chandan Nagar, District Indore, for the offencepunishable under Sections 452, 352, 294, 323, 427 & 506/34 ofthe IPC.

As per prosecution case, in the intervening night of24/11/15, Pappu, Amar Singh, Lakhan and Vijay abused thecomplainant. When he objected, they started beating him. Whencomplainant rushed towards in his house and bolted the door frominside, then the aforesaid persons have damaged his car.Thereafter, they entered in the house and also damaged thehousehold articles.

Learned counsel for the applicants submit that applicantshave not committed any offence. They have falsely beenimplicated. Charge-sheet has been filed. Applicants are undercustody since 27/11/15. Conclusion of trial likely to take time,hence, prayed for bail.

The prayer is opposed by learned Dy. GA for therespondent/State.

Case-diary perused.

Taking into consideration the allegation against theapplicants and the fact that investigation has been completed,charge-sheet has been filed, but without commenting anything onthe merits of the case, the application is allowed. It is directed thatthe applicants shall be released on bail on their furnishingpersonal bond in the sum of Rs.50,000/- (Rupees Fifty ThousandOnly) with separate sureties in the like amount to the satisfactionofTrial Court.

This order will remain operative subject to compliance of the following conditions by the applicants :- The applicants will comply with all the terms and conditions of the bond executed by them;The applicants will cooperate in the investigation/trial, as the case may be;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; The applicants shall not commit an offence similar to the offence of which they are accused; The applicants will not seek unnecessary adjournments during the trial; andThe applicants 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 forcompliance.

C.c. as per rules.

(D.K.Paliwal) Vacation Judge

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