Makhan vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

The applicant has been arrested by Police Station Raghunathpur, District Sheopur, in connection with Crime No.61/2018 registered in relation to the

offence punishable under Section 386 of IPC and Section 25/27 of Arms Act.

Prosecution story, in short, is that on 22.12.2018, when the complainant and others were coming from Jungle, they were stopped by the applicant and

other co-accused persons, who extorted Rs.5,000/- by putting the complainant in fear of death or grievous hurt.

Learned counsel for the applicant submits that the applicant has been falsely implicated. He is in custody since 28.11.2019. Charge-sheet has been

filed. No further custodial interrogation is required. Offence is triable by JMFC. The applicant has been implicated on the basis of the memorandum of

co-accused recorded under Section 27 of Evidence Act, which has no evidentiary value. It is further submitted that applicant has not been recognized

in the TIP conducted by the prosecution. It is further submitted that applicant is ready to abide by all the terms and conditions as may be imposed by

this Court. With the aforesaid submissions, prayer for grant of bail is made.

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

furnishing a personal bond in the sum of Rs. 1,00,000/- (Rs. One Lakh only) with two local solvent sureties in the like amount to the satisfaction of the

concerned trial Court.

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

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

He 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;

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

He will not seek unnecessary adjournments during the trial; and

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

If, the applicant commits any offence after being released on bail, then this bail order shall automatically stands cancelled without further reference

to this Court.

The applicant shall appear and mark his attendance before the trial/committal court concerned once in every month till conclusion of the trial, failing

which, this bail application shall stand dismissed automatically without further reference to this Court.

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

C.c. as per rules.