2024 Supreme(Online)(MP) 2142
HIGH COURT OF MADHYA PRADESH
SMT. JUSTICE SUNITA YADAV, J
Karu@Jitesh – Appellant
Versus
The State Of Madhya Pradesh – Respondent
MCRC 17475/2024
Yash Sharma,Advocate General
The court granted bail under Section 439 of the Cr.P.C. due to lack of injury and claims of false implication, emphasizing compliance with specific bail conditions.
Headnote:(A) Code of Criminal Procedure, 1973 - Section 439 - Bail application - The applicant seeks bail for offences under Sections 307, 384, 294, 506, and 34 of IPC - The applicant claims to be falsely implicated and has been in custody since 12.04.2024 - Material investigation concluded, and no injury reported - Previous FIR indicates a dispute leading to false allegations - The applicant is a permanent resident with prior acquittals - Conclusion of trial may take time, and no likelihood of absconding is present. (Paras 1-4)
(B) Bail - Conditions for grant - The applicant must comply with bond terms, cooperate in investigation/trial, refrain from influencing witnesses, avoid committing further offences, and seek permission before leaving India. (Paras 5-6)
Findings of Court:
The application for bail is allowed, and the applicant is directed to be released on bail upon furnishing a personal bond of Rs. 1,00,000/- with two solvent sureties.
Issues: The main issues addressed include the applicant's claim of false implication, the nature of the allegations, and the conditions for bail.
Ratio Decidendi: The court found that the applicant's claims of false implication and lack of injury warranted consideration for bail, emphasizing the importance of ensuring compliance with bail conditions.
Result: Bail granted.
This is the second application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail relating to FIR No. 106 of 2024 registered at Police Station City Kotwali, District Bhind (M.P.) for the offence under Sections 307, 384, 294 and 506 and 34 of IPC .
Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated and he is in custody since 12.04.2024. Material investigation has already been concluded. He further submitted that this is the case of no injury. The applicant accused has been falsely implicated which is evident from the fact that another FIR alleging an incident of similar nature alleged to be occured on same day was registered as Crime No.104/2024 by Atal Singh Tomar who is father of complainant of present case. According to that FIR, incident occurred on 07:30 PM and as per the FIR of the present case, time of incident is 07:50PM. Joint reading of both the FIRs' indicate that only on account of previous dispute, false case has been registered. As per the FIR registered in the present case, fact about previous enmity has also been mentioned. The applicant is permanent resident of District Bhind. In earlier most of the cases registered against him on earlier occasions, he has been acquitted.
Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, he prays for grant of bail to the applicant.
Per contra, learned counsel for the State vehemently opposed the bail application and prayed for its dismissal.
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 Lac Only) with two solvent sureties in the like amount to the satisfaction of the trial 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;
2) 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;
4 ) The applicant will not commit any other offence or will not repeat the offence in future. In case, if he/she is found involving in the offence of the same nature, this bail order shall stand cancelled automatically without further reference to the Bench.
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.
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.