Rahul Singh vs State Of M.P

G.S. Ahluwalia, J

This sixth repeat application under Section 439 of Cr.P.C. has been filed for grant of bail.

The applicant has been arrested on 30/05/2020 in connection with Crime No.58/2017 registered at Police Station Ambah, District Morena for offence under Sections 353, 307 and 34 of IPC and Section 25/27 of Arms Act.

It is submitted by the counsel for the applicant that it is a case of bail jump. On 12/04/2018, the prosecution witness Brajesh Rajoriya was present but neither the applicant appeared before the Trial Court nor any application under Section 317 of Cr.P.C. was filed and accordingly, his bail was canceled and now the applicant is in jail from 30/05/2020. It is submitted that the previous bail application of the applicant was withdrawn by order dated 19/01/2021 passed in MCRC No.1453/2021 with liberty to revive the prayer after examination of Brajesh Rajoriya. It is submitted by the counsel for the applicant that Brajesh Rajoriya has been examined on 26/02/2021 and he has supported the prosecution case. It is further submitted that now the applicant has learnt a lesson and he would never misused the liberty and the trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case. The applicant is in jail for approximately ten months after his re-arrest and in order to show his bonafides, the applicant is not only ready and willing to deposit amount of the bail bond executed on earlier occasion but he is ready and willing to abide by any stringent condition, which may be imposed by this Court.

Per contra, the application is opposed by the counsel for the State. It is submitted by the counsel for the State that the applicant has a criminal history and two more cases were registered against the applicant in the year 2016. It is fairly conceded by the counsel for the State that after the registration of present case, no further offence was committed by the applicant.

Heard the learned counsel for the parties.

Considering the period of detention as well as considering the fact that Brajesh Rajoriya has already been examined and without commenting on the merits of the case, the application is allowed. Accordingly, It is directed that subject to deposit of bail bond executed to the applicant on earlier occasion and on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rs. One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court. It is further directed that the applicant shall mark his presence before the S.H.O., Police Station Ambah, District Morena on 1st of every month for a period of one year.

This order shall remain effective till the end of the trial but in case of bail jump, it shall become ineffective.

Certified copy as per rule.