Ramchandra Singh Tomar vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

This is 3rd repeat application u/S.439 CrPC filed by the petitioner for grant of bail after rejection of earlier ones including the last one which was dismissed on merits with liberty to come again after examination of main PW.

Petitioner has been arrested on 20.01.2019 by Police Station Malanpur District Bhind (M.P.) in connection with Crime No.13/2019 registered in relation to the offences punishable u/S. 302, 34 of IPC.

Learned Panel Lawyer 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.

Petitioner is alleged with murder with the allegation that he was found standing next to the dead body of the deceased. Postmortem report reveals strangulation as cause of death. There is no eye-witness of the incident. Petitioner has been alleged to be seen next to the scene of offence. Petitioner has criminal antecedents. As regards antecedent of case of murder, petitioner stands acquitted by judgment dated 09.02.2018 passed in S.T. No.201/2017. Co-accused-Dharmendra Balmik has been extended benefit of bail by order dated 24.09.2019 passed in M.Cr.C. No.39107/2019.

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, though this Court is inclined to extend benefit of bail to the petitioner but with certain stringent conditions in view of nature of offence.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the petitioner-Ramchandra Singh Tomar be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rs. One Lakh only) with two solvent sureties each of Rs.50,000/- to the satisfaction of the concerned Trial Court.

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

The petitioner will comply with all the terms and conditions of the bond executed by him;

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

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

The petitioner will not seek unnecessary adjournments during the trial;

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

The petitioner shall appear and mark his presence before the concerned trial Court once in every fortnight;

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