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Judgment
25 paragraphs · 454 wordsThis is first application under Section 439 of Cr.PC for grant of bail.
The applicant has been arrested on 13/09/2019 in connection with Crime No.276/2019 registered at Police Station Purani Chhawni, District Gwalior
(M.P.) for offence under Sections 384, 392 of IPC and under Section 11/13 of MPDVPK Act.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the case. The applicant is in custody since
13/09/2019. It is further submitted that the applicant is of young age and trial will take its own time. It is also submitted that there is no criminal
antecedent of the applicant and he is ready to abide by any condition which may be imposed by this Court. It is further submitted that co-accused has
already been granted bail by this Court on 27/01/2020 passed in M.Cr.C. No.48724/2019. Under these circumstances, he prayed for grant bail to the
applicant.
Per contra, learned State counsel has opposed the same and prayed for rejection of the application.
Considering the submissions made by learned counsel for the parties and the facts and circumstances of the case, this Court is inclined to extend the
benefit of bail to the applicant.
Accordingly, 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.75,000/- (Rupees Seventy Five Thousand Only) with one solvent surety in the like amount to the
satisfaction of the concerned trial Court/Committal Court for his appearance during trial on the dates fixed by the concerned 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 as well as copy of the order be given to the learned Public Prosecutor with a
direction to keep the same in the concerned case diary.
Certified copy as per rules.
