Vivek vs State of M.P.

D.K. Paliwal, J

Heard.

Perused the case diary.

This is second application u/s 439 of Cr.P.C. The applicant has been arrested in Crime No. 172/2014 registered at Police Station, Chachoda, District Guna, for the offence punishable under Sections 307, 147, 148, 149, 353, 333, 436, 294 of IPC and Section 3 of the Lok Sampati Kshati Nivaran Adhiniyam. The first application (M.Cr.C. No. 3584/2014) has been dismissed vide order dated 5.5.14.

As per prosecution case, a report was lodged that on 11.4.14 rape was committed with a minor girl aged five years and attempt to commit murder of grand-mother of the victim was also made. Crime No. 171/14 under Sections 376, 307 of IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012 has been registered. On the complaint alleging that local government doctors have not properly treated the girl, Vivek Meena, Ramesh Meena, Vishnu Meena, Diwan Gurjar, Anil Singh, Sanju Prajapati, Devendra Shivhare, Vikki Ghosi, Ramswaroop Meena, Bhola Shivhare, Bheekam Rana, Dileep Vishvakarma, son of Pappu Lodha, Shriram Meena, nephew of Vimal Silawat, Dipak Kushwah, Dhanraj Meena, Kaptan Singh, Lokesh Meena, Guddaya Meena, Mukesh Rajput, Ankit Sharma, Devendra Meena, Gajraj Meena, Habeeb Khan, Ankit son of Pindu Sharma, Babulal Meena, Chhotelal Kushwah and 500-600 unknown persons pelted stones in the campus of Community Health Center, Beenaganj. They also damaged the government property. On receipt of information, the police force reached there. They saw that aforesaid persons and 500-600 unknown persons were setting the government vehicles on fire and were also damaging the government property. They also broke the doors and windows of the houses of Dr. K.K. Bhargava and Dr. Reshma Pathan, who were residing in the campus, entered in their residences and assaulted them. They also committed loot in their houses and thereafter set their houses on fire. They also attacked the police force by means of Lathi, Danda and stones causing injuries to Head Constable Brajmohan, PSI Sanjay Baraiya, PSI Ramsharma and some other police personnel''s. As the situation was going out of control, tear gas and Lathi charge was ordered and thereafter firing was ordered.

Learned counsel for the applicant submits that after rejection of the first bail application, co-accused Sanju @ Sanjay Meena, Ramswaroop and Deevan Singh have been granted bail vide order dated 17.6.14, 19.6.14 and 24.6.14 passed in M.Cr.C. Nos. 3960/14, 3703/14 and 3704/14 respectively. Charge-sheet has been filed. The applicant is in custody since 13.4.2014. Hence, prayed for bail.

The prayer is opposed by learned Public Prosecutor.

Considering the aforesaid facts and circumstances of the case, but without commenting anything on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court.

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

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

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

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

The applicant will not seek unnecessary adjournments during the trial; and

The applicant 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.

C.C. as per rules.