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Judgment
25 paragraphs · 458 wordsThis is first application under Section 439 of Cr.P.C. for grant of bail.
The applicant has been arrested on 6/2/2020 in connection with Crime No.66/2020 registered at Police Station City Kotwali, Bhind, District Bhind for
offence punishable under Sections 452, 324, 323, 294, 506 & 34 of IPC.
It is submitted by learned counsel for the applicant- Ashish Yadav @ Neetu that the applicant is in custody since 6/2/2020. It is further submitted that
only offence under Section 452 of IPC is non bailable and remaining offences under Section 324, 323, 294, 506 & 34 of IPC are bailable. The
applicant is innocent person and has not committed any offence. He has been falsely implicated in this case. The applicant is ready and willing to abide
by any condition which may be imposed by this Court. There is no possibility of his absconding or tampering with the prosecution case. Hence, prayed
for grant of bail to the applicant.
Per contra, learned Public Prosecutor for the State opposed the application and submitted that the investigation is still pending and there are 6 criminal
antecedents against the present applicant.
Under these circumstances, no case for grant of bail is made out.
Considering the pretrial detention, the facts and circumstances of the case and without commenting on merits of the case, the application is allowed. It
is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety
in the like amount to the satisfaction of the trial Court/Committal Court to appear before the Court on the dates given 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.
