Rambali vs State Of Madhya Pradesh

Sunita Yadav, J

The applicant has filed this first application u/S 439, Cr.P.C. for grant of bail.

T he applicant has been arrested by Police Station Chanderi District Ashoknagar, (M.P.) in connection with Crime No. 330 of 2022 registered for the offence punishable under Sections 395, 353, 171(F), 147, 148, 149, 450 of IPC and Section 3 of Prevention of Damage to Public Property Act and Section 11(C) of M.P. Local Authorities Act (Electoral Offence) Act, 1964.

Allegation against the present applicant is that on 01/09/2022 along with co-accused persons after successfully conducting of Panchayat Election

process, they took away the empty ballot box from the centre. However, the ballot box was taken back by the police force present there.

Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. It is further argued that the applicant is in custody since 10.7.2022. The Presiding Officer and other Officers posted at the centre have not mentioned the name of the present applicant/accused who has snatched away the box. The further argument is that the ballot box was recovered from the possession of the Presiding Officer. After conclusion of investigation, charge-sheet has been filed, therefore, there is no requirement of further custodial interrogation of the applicant and he has no criminal history. He is permanent resident of District Ashoknagar. Hence, he prays for grant of bail to the applicant.

On the other hand, learned State counsel opposed the application and prayed for its rejection.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the facts and circumstances of the case, but 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/- (Rupees One Lakh only) with two solvent sureties in the like amount to the satisfaction of the trial Court/committal Court.

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

1) The applicant will comply with all the terms and conditions of the bond executed by him/her;

2) The applicant will cooperate in the investigation/trial, as the case may be;

3) The applicant will not indulge himself/herself 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;

4) The applicant will not seek unnecessary adjournments during the trial;

5) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.