Imrat Mogiya vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

This is first bail application u/S.439 of the Cr.P.C. filed by the applicant for grant of bail.

The applicant has been arrested on 04/11/2019 by Police Station-Maksudangarh, District-Guna in connection with Crime No.243/2019, registered in relation to the offence punishable u/Ss.353, 336, 332, 341, 147, 148, 149, 324, 326, 333 of IPC.

Learned counsel for State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

Petitioner along with other co-accused alleged with various offences arising out of an incident where the Police party approached the village of the petitioners while in search of an absconding warrantee. It is alleged that the petitioner along with other co-accused pelted stones in retaliation, one of which hit the police personnel causing some injury near the eye. It is not known as to whose over act led to injury which has given rise to Section 326 IPC.

Though the petitioner has criminal antecedents but the said blemish appears to have disappeared due to the order of acquittal filed by the petitioner and 2-3 cases are still pending adjudication.

In view of above and considering the fact that investigation in the matter is over by filing of charge-sheet before the trial Court on 21/11/2019 as contended by learned counsel for the applicant and not disputed by learned counsel for the State, further custodial interrogation of the applicant is not necessary and that early conclusion of the trial is a bleak possibility and that prolonged pre-trial detention being an anathema to the concept of liberty and the material placed on record does not discloses possibility of applicant fleeing from justice, this Court is though inclined to extend the benefit of bail to the applicant but with certain stringent conditions in view of criminal antecedents.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum pf Rs.50,000/- (Rs.Fifty Thousand Only) with two solvent sureties each of Rs.25,000/- to the satisfaction of the concerned Trial Court.

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

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial; and

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

The applicant will mark his appearance before the concerned trial court once in a fortnight till conclusion of trial.

A copy  of  this  order  be  sent  to  the  Court  concerned  for compliance.