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Judgment
9 paragraphs · 386 wordsPrem Narayan Singh, J
Heard. Perused the case diary.
This is the SECOND bail application under Section 439 of the Cr.P.C filed by the applicant for grant of bail. The applicant is being implicated in Crime No.221/2023, registered at police station Kalipeeth, District Rajgarh, for the offence punishable under Sections 302, 201, 147, 148, 149 & 120-B of IPC. The applicant is in custody since 25.07.2023.
Learned counsel for the applicant submitted that in this case, other co-accused persons have already been released on bail and the present applicant is having complete parity with co-accused persons namely Ramsagar and Raja @ Raju, who were implicated on the basis of memorandum of statement of co-accused Inder. The applicant is an innocent person and has been falsely implicated in the present crime. Only one stick has been seized from the possession of the applicant. The applicant is in jail since 25.07.2023 i.e. more than nine months and final conclusion of trial will take considerable time. Therefore, it has been prayed that the applicant be released on bail pending the trial.
4 . O n the other hand, learned counsel for the State has opposed the prayer.
Having taken into consideration all the facts and circumstances of the case and custody period of the applicant and also parity with co-accused Ramsagar and Raja @ Raju, I am inclined to release the applicant on bail. Consequently, without commenting on the merits of the case, bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.
It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.
This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.