MP High Court Reproduces Bail Conditions In Hindi For Convenience Of Accused & Surety In Abetment Of Suicide Case
Recently, Madhya Pradesh High Court, in a rare instance, added the Hindi translations of bail conditions in the original order itself for compliance. While allowing the accused to be released on bail, High Court reproduced all five bail conditions in Hindi for the convenience of the accused and surety.“….it is directed that applicant Damodar Yadav shall be released on bail… upon...
Recently, Madhya Pradesh High Court, in a rare instance, added the Hindi translations of bail conditions in the original order itself for compliance. While allowing the accused to be released on bail, High Court reproduced all five bail conditions in Hindi for the convenience of the accused and surety.
“….it is directed that applicant Damodar Yadav shall be released on bail… upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with one surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions,: (For the sake of convenience of understanding by accused and surety, the conditions of bail are also reproduced in Hindi as under):”, the court accordingly noted in the order.
The single judge bench of Justice Sanjeev S Kalgaonkar was hearing the first bail application of the accused under Section 439 CrPC. The accused was in judicial custody since 27.12.2023 pertaining to an offence punishable under Section 306 r/w Section 34 of IPC.
“The trial Court shall get these conditions reproduced on the personal bond by the accused and on surety bond by the surety concerned, if any of them is unable to write, the scribe shall certify that he had explained the conditions to the concerned accused or the surety”, the bench sitting at Gwalior further observed.
According to the prosecution version, the accused and a few others had previously engaged in an altercation with the deceased Radheshyam and prevented him from entering the mohalla. Later, the deceased allegedly posted a video on Facebook (now Meta) wherein he was seen consuming poison. In the video, the deceased also allegedly said that Damodar Das would be responsible for his death.
Before the High Court, the applicant/ accused submitted that a minor altercation cannot constitute an offence of abetment or instigation in the absence of mens rea. The applicant also urged the court to grant him bail since both the accused and the deceased hail from the same socio-economic status. There is no probability of the accused tampering with the evidence or influencing witnesses, the counsel further argued.
The counsel for the state relied upon the gravity of the case and the criminal antecedent of one case pending against the accused as reasons to deny him bail.
While granting the bail, the court made it clear that the bail order would be effective till the end of trial unless there is a breach of any preconditions for bail.
Case Title: Damodar Yadav v. State of Madhya Pradesh
Case No: Misc. Criminal Case No. 119 of 2024