Kaushal Mane vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

The applicant has filed this first application under Section 439 of Cr.P.C. for grant of bail.

The applicant has been arrested by Police Station Madhoganj, District Gwalior in connection with Crime No.473/2019 registered in relation to the offences punishable under Sections 195A, 294, 323 and 506 of IPC.

Allegation against the applicant, in short, is that he had threatened the complainant and compelled her to compromise in the FIR earlier lodged by her against the present applicant under section 354 of IPC and also compelled her to change the statement. On the basis of aforesaid, crime has been registered against the applicant.

Learned counsel for the applicant submits that he has been falsely implicated in the alleged offence. He is in custody since 1.11.2019. The allegation against the present applicant are false, frivolous and concocted. Since in the earlier report he was granted bail and could not be sent to jail. Except section 195A of IPC other offences are bailable in nature. The trial will take time and the applicant is ready to abide by all the terms and conditions as may be imposed by this Court. There is no likelihood of his absconsion if released on bail. On these grounds, he may be released on bail.

Learned Public Prosecutor 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.

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 his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties to the satisfaction of the concerned trial Court/Committal Court for his appearance during trial on the dates fixed by the concerned 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.

It is made clear that in case of bail jump, this order shall automatically stand cancelled.

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

Certified copy as per rules.