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Judgment
12 paragraphs · 339 wordsHeard.
This is first bail application under Section 439 of Cr.P.C. for grant of bail to the applicant, who has been arrested on 14.04.2020 in connection with Crime No.115/2020 registered at Police Station Naigarhi, District Rewa, for commission of offence punishable under Section 409 of IPC and Sections 3 and 7 of Essential Commodities Act.
As per prosecution story, applicant has not distributed food grains to 159 beneficiaries and said food grains has been sold in open market. There is allegation against him that by doing black marketing, he has earned Rs. 1,26,488/-.
Counsel appearing for the applicant submits that applicant is ready to deposit 50% of the alleged amount before the trial Court.
Learned Panel Lawyer appearing for the State opposes the bail application.
Considering the facts and circumstances of the case, on deposing 50% of the alleged amount before the trial Court in the form of fixed deposit, which will be disbursed subject to final judgment taken in the case, without expressing any opinion on the merits of the case, the application is allowed.
It is directed that on furnishing personal bond of Rs.20,000/- (Rs. twenty thousand) by the applicant along with one solvent surety in the like amount to the satisfaction of C.J.M. concerned, the applicant be released on bail after being tested for Covid-19 and his report being negative.
The applicant shall abide by the following conditions of Section 437 (3) of Cr. P. C. as under:-
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;
(b) that such person shall not commit any offence similar to the offence of which he/she is accused, or suspected of the commission of which he is suspected and;
(c) that such person shall not directly or indirectly make any inducement, treat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
C. C. as per rules.