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Judgment
8 paragraphs · 396 wordsSubodh Abhyankar, J
This is the second bail application filed by applicant under Section 439 of Criminal Procedure Code, 1973 as he is implicated in connection with Crime No.235/2022 registered at Police Station - Khargone, District - Khargone (MP) for offence punishable under Sections 147, 149, 332, 427, 336, 353 and 186 of IPC and Section 3 of MADHYA PRADESH SAMPATTI VIRUPAN NIVARAN ADHINIYAM, 1994. The applicant is in custody since 12.04.2022.
The allegation against the applicant is that he vandalized the government vehicles along with other co-accused persons.
Counsel for the applicant has submitted that the applicant is lodged in jail 12.04.2022 and the final conclusion of trial is likely to take sufficient long time. Hence, it is submitted that the bail application be allowed and he be released on bail.
Counsel for the respondent / State, on the other hand has opposed the prayer.
Having considered the rival submissions and on perusal of the case diary and the act attributed to the applicant and the period of incarceration, this Court is inclined to allow the application on some strict conditions. Thus, without reflecting anything on the merits of the case, the application filed under Section 439 of Cr.P.C. on behalf of the applicants is hereby allowed subject to deposit a sum of Rs.40,000/- (Rupees Forty Thousand only) by the applicant, and the said amount shall be subject to the final outcome of the case by the trial Court.
It is further directed that upon applicant's or any other person on his behalf depositing a sum of Rs.40,000/- (Rupees Forty Thousand only) in a fixed deposit in a nationalized bank and producing the receipt/certificate of the same before the concerned trial Court, he shall be released on bail on his furnishing a bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety bond of the same amount to the satisfaction of the trial Court, to appear before the trial Court on the dates given by the Court. The deposit receipt/certificate so produced by the applicant shall be endorsed by the learned Judge of the lower Court to be, 'furnished towards the bail of the applicant and shall be subject to the final decision of the case by the trial Court'. The applicant shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.
Certified copy as per rules.