Mohkam @ Chotu @ Vishnu vs. The State Of Madhya Pradesh

HIGH COURT OF MADHYA PRADESH M.Cr.C.No.59763/2021

(Mohkam @ Chhotu @ Vishnu Vs. State of M.P.) Gwalior Bench: Dated 06.12.2021

Shri P.S. Badouriya, learned counsel for the applicant.

Shri R.S. Kushwaha, learned Dy. G.A. for the respondent/State.

The applicant has filed this second bail application u/S.439 Cr.P.C. for grant of bail. Applicant has been arrested on 23.07.2021, by Police Station- Sihore, District- Shivpuri, in connection with Crime No.101/2021, for the offence punishable under Section 307, 294, 506, 147, 148, 149 of IPC and Sections 25/27 of Arms Act.

It is the submission of the learned counsel for the applicant that false case has been registered against the applicant and he is suffering confinement since 23.07.2021 whereas charge-sheet has already been filed. Applicant does not bear any criminal record except two minor cases only and interestingly, in the present case, all accused persons were with the firearms and fired but nobody received injuries and only one bullet has been recovered from the agricultural field. This itself shows the nature of allegation. The applicant undertakes that he shall not be a source of

embarrassment and harassment to the complainant party and shall not interfere in the cultivation of agricultural field of complainant. Confinement amounts to pretrial detention. He undertakes to cooperate in the investigation/trial and would make himself available as and when required. Under these grounds, he prayed for bail.

Learned Dy. G.A. for the respondent/State opposed the prayer but fairly submitted that it is a case of no injury. One accused Bhupendra Rawat is still absconding, therefore, he prayed for its dismissal.

Heard learned counsel for the parties at length and perused the documents appended thereto.

Considering the submissions advanced by the learned counsel for the parties and looking to the period of custody as well as the fact that charge sheet has already been filed, this Court intends to allow this application. It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount, to the satisfaction of the Trial Court concerned.

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;

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

3. The applicant will not indulge herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit an offence similar to the offence of which she is accused;

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

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

7. The applicant shall mark his presence before the concerned Police Station on first day of every month between 10:00 am to 02:00 pm till conclusion of trial.

8. The applicant shall not cause any kind of intervention in the smooth cultivation of agricultural field of the

complainant and shall not be a source of embarrassment and harassment to the complainant party. Any default shall disentitle him from the benefit of this bail.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.

(Anand Pathak) Judge

Rashid

RASHID KHAN 2021.12.07 17:41:32 +05'30'