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Judgment
25 paragraphs · 441 wordsAnand Pathak, J
The applicant has filed this second bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 14.07.2020 by Police Station Aron,
Guna in connection with Crime No.464/2020 registered for offence under Sections 395, 397 and 365 of IPC and 25/27 of Arms Act. His earlier bail
application was dismissed as withdrawn by this Court.
It is the submission of learned counsel for the applicant that applicant is suffering confinement since 14.07.2020 whereas statement of complainant and
material prosecution witnesses have been held recently, therefore, chance of tampering with the evidence/witnesses is remote. Although, some
criminal record haunts the applicant but now he learnt the lesson hard way and would mend his ways and become a better citizen and shall not involve
in any criminal activity in future. Confinement amounts to pretrial detention. He undertakes to cooperate in trial and shall not be a source of
harassment and embarrassment to the victim/complainant party in any manner. On these grounds, he prayed for bail
Learned counsel for the State opposed the prayer and prayed for dismissal of this application.
Heard learned counsel for the parties at length.
Considering the submissions advanced by learned counsel for the applicant and the fact situation but, without expressing any opinion on the merits of
the case, this application is allowed. It is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.1,00,000/-
(Rupees One Lac Only) along with two solvent sureties each of Rs.50,000/- to the satisfaction of trial Court.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1.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 them 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 ;
Applicant will not seek unnecessary adjournments during trial and ;
The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and
7.Applicant shall not cause any embarrassment/harassment to the complainant party in any manner and shall not move in their vicinity.
Copy of this order be sent to the trial Court concerned for compliance from the office of this Court.
Certified copy As per rules/directions.
