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Judgment
16 paragraphs · 472 wordsRajesh Kumar Gupta, J
The applicant has filed this second application under Section 439 of Code of Criminal Procedure for grant of bail. Applicant has been arrested on 21.11.2025 by Police Station Khaniyadhana District Shivpuri relating to Crime No.481/2025 for the offences punishable under Sections 309(4) of BNS and Section 11/13 of MPDVPK Act. His first bail application was withdrawn with liberty to revive the prayer after filing of charge-sheet vide order dated 22.12.2025 passed in MCRC No.58354/2025 by this Court.
It is the submission of learned counsel for applicant that applicant has been falsely implicated in this case and he is suffering confinement since 21.11.2025. It is further submitted that Rs.800/- has been recovered from the possession of applicant and he has been identified in the Test Identification Parade. Charge-sheet has already been filed and investigation is complete. Applicant is a young boy about 20 years. Now he learnt the lesson hard way and would mend his ways to become better citizen. He is ready to abide by all the terms and conditions as may be imposed by this Court. Upon these grounds, counsel prayed for grant of bail.
3 . Learned counsel for the State opposed the prayer and prayed for dismissal of application.
Heard learned counsel for the parties at length and perused the case diary.
Considering the submissions made by counsel for parties as well as looking to the nature of offence and age of applicant, but without commenting on the merits of the case, this Court intends to allow this application. Accordingly, the application is allowed. It is hereby directed that the applicant shall be released on bail on his furnishing personal bond 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 :-
(i) The applicant will comply with all the terms and conditions of the bond executed by him;
(ii) The applicant will co-operate in the investigation/trial, as the case may be;
(iii) 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 them from disclosing such facts to the Court or to the Police Officer, as the case may be;
(iv) The applicant shall not commit an offence similar to the offence, of which he is accused;
(v) The applicant will not seek unnecessary adjournments during the trial;
(vi) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
Application stands allowed and disposed of.
8 . A copy of this order be sent to the trial Court concerned for compliance and information.
Certified Copy as per rules.
