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Judgment
11 paragraphs · 346 wordsVivek Agarwal, J
This is first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 (for brevity "Cr.P.C").
Case Crime No. 746/2021 is registered at Police Station Sarni, District Betul for offences punishable under Sections 457, 380, 342 and 395 of IPC. The applicants are in custody since 25/11/2021.
It is submitted by learned counsel for the applicants that the FIR was lodged against unknown persons. No T.I.P. is made. Investigation is co mplete and chargesheet is filed.
Learned Government Advocate opposes the application and submits that there is a criminal history of three cases against applicant no. 1 Khir Giri and 12 cases against applicant no. 2 Shan Giri.
Taking all these facts into consideration, without commenting on the merits of the case, this application is allowed.
It is directed that applicants be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each of the like amount to the satisfaction of the Trial Court to appear before the said Court on the dates given by the concerned Court during pendency of trial. It is further directed that the applicants shall comply with the provisions of Section 437(3) of the Cr. P. C.
It is further directed that looking to the criminal history of the applicants, they shall appear before the concerned police station on every first day of the month, shall not leave the local area without the written consent of the trial Court and shall participate in the trial on each and every date fixed by the trial Court.
This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.
In view of the outbreak of new mutant Omicron of COVID-19, the jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus/Omicron virus before and after releasing the applicants.
Certified copy as per rules.