Ashok Tiwari vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

Heard with the aid of case diary.

This is the first application under Section 439 of Cr.P.C for grant of bail. Applicant Ashok Tiwari was arrested on 07.03.2022 in connection with Crime No.793/2021 registered at Police Station Patan, Distt. Jabalpur (M.P.) for the offences punishable under Sections 417, 419, 420, 120-B, 34 of IPC.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the offence. The alleged offences are triable by Judicial Magistrate First Class. Applicant has been in custody since 07.03.2022 and conclusion of trial will take time, hence it is prayed that the applicant be released on bail.

Learned counsel for the State opposed the prayer.

Looking to the facts and circumstances of the case and the fact that applicant has no criminal past, the alleged offences are triable by JMFC, applicant is in custody since 07.03.2022 and conclusion of trial will take time, without commenting on merits of the case, the application is allowed and it is directed that the applicant be released on bail upon his furnishing 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 concerned C.J.M/trial Court for his appearance before the concerned Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

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 trial;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him 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 prior permission of the trial Court.

C.C. on payment of usual charges.