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Judgment
The petitioner has filed this first application u/S. 439 of Cr.P.C. for grant of bail.
The petitioner has been arrested on 11.11.2019 by Police Station Chanchauda, District Guna (M.P.) in connection with Crime No.447/2006 registered in relation to the offence punishable u/Ss.147, 148, 149, 302, 307, 395, 332, 353, 336 IPC.
Learned Panel Lawyer for the 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 is in custody since 11.11.2019 where investigation in the matter is over by filing charge-sheet on 16.11.2019. Allegation against the petitioner is omnibus in nature where the petitioner was a part of mob comprising a large number of persons which formed unlawful assembly and attacked on police personnel in which SHO died.
Considering the above facts and in view of the omnibus allegations and no specific allegation on the petitioner of causing either any particular injury or fatal injury and that early conclusion of the trial is bleak possibility and prolonged pre-trial detention is anathema to the concept of liberty and the material placed on record does not disclose possibility of the petitioner fleeing from justice, this Court is inclined to extend the benefit of bail to the petitioner but with certain stringent conditions looking to the nature of offence.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the petitioner be released on bail on furnishing a personal bond in the sum of 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 petitioner :-
The petitioner will comply with all the terms and conditions of the bond executed by him;
The petitioner will cooperate in the investigation/trial, as the case may be;
The petitioner 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 petitioner shall not commit an offence similar to the offence of which he is accused;
The petitioner will not seek unnecessary adjournments during the trial; and
The petitioner will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
The petitioner shall render community service at the hospital/Community Health Centre/Primary Health Centre situated at or in the vicinity of village/Tahsil of residence of petitioner for three (3) hours everyday including Sunday till the conclusion of trial.
The nature of community service shall be decided and allotted in writing by the CMO/Head of the hospital/Community Health Centre/Primary Health Centre situated in close vicinity to the place of residence of petitioner. Compliance of this condition shall be ensured and verified by issuing certificate to be jointly signed by head of hospital/Community Health Centre/Primary Health Centre and Sarpanch/Councilor of the Gram Panchayat/Municipality concerned. This certificate shall be filed before the Registry of this Court once in every month. If the Registry finds that either the compliance report is not filed once in a month or there is something amiss in the compliance report filed then the case be listed as PUD before appropriate Bench.
Copy of this order be sent to the Court concerned and as well as Chief Medical Officer of concerned District for compliance.
Certified copy as per rules.