Pappu @ Eshav @ Eshaq And Ors vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

This is 1st application u/S.439 CrPC filed by the petitioners for grant of bail.

Petitioners have been arrested on 05.12.2019 by Police Station Gormi District Bhind (M.P.) in connection with Crime No.323/2019 registered in relation to the offences punishable u/S. 324, 323, 294, 506, 34 further added 325, 326 of IPC.

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.

Causing grievous injury by dangerous weapon is alleged against both the petitioners and co-accused. Specific allegation of causing injury on the vital part of body is against petitioner No.1-Pappu @ Eshav @ Eshaq and therefore, present bail application stands dismissed so far as it relates to petitioner No.1- Pappu @ Eshav @ Eshaq.

As regards petitioner No.2- Eliyas, omnibus allegation of assault has been made with allegation of causing injury in specific portion of the body of deceased. Investigation in the matter is pending however, considering the period of custody, the same must be nearing completion.

In view of above and looking to the fact that early conclusion of the trial is a bleak possibility and prolonged pre-trial detention being an anathema to the concept of liberty and the material placed on record does not disclose the possibility of the petitioner fleeing from justice, this Court is inclined to extend benefit of bail to the petitioner No.2-Eliyas.

Accordingly, without expressing any opinion on merits of the case, this application so far as it relates to petitioner No.2-Eliyas is allowed and it is directed that the petitioner No.2-Eliyas 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 :-

The petitioner No.2-Eliyas will comply with all the terms and conditions of the bond executed by him;

The petitioner No.2-Eliyas will cooperate in the investigation/trial, as the case may be;

The petitioner No.2-Eliyas 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 No.2-Eliyas shall not commit an offence similar to the offence of which he is accused;

The petitioner No.2-Eliyas will not seek unnecessary adjournments during the trial;

The petitioner No.2-Eliyas 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 for compliance.