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Judgment
8 paragraphs · 294 wordsJ. P. Gupta, J
This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail, who is in custody since 14.9.2020 in connection with Crime No.126/2020 (wrongly mentioned as Crime No.126/2012 in the memo of appeal) registered at Police Station Kesala District Hoshangabad for the offence punishable under Section 379 of the IPC and Section 3 of Prevention of Damages of Public Properties Adhiniyam.
Allegation against the applicant is that he was indulged in transportation of sand extracted from river without paying Royalty.
It is submitted that the applicant is innocent. He is in custody since 14.9.2020. Trial will take time due to Covid-19. The applicant has no criminal antecedents and his further custody is not warranted for the purpose of investigation and trial. He is ready to furnish bail and would co-operate in the investigation and trial. There is no likelihood of his absconding and tempering with the material witnesses. Hence, he be enlarged on bail.
Learned P.L., opposed the application and prayed for rejection of the same.
Having considered the contentions of learned counsel for the parties and perusing the record, without commenting anything on the merits of the case, in view of this court further custody of the applicant is not warranted. Hence, this application is allowed.
Applicant Ramkishore is directed to be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with a solvent surety in the like amount to the satisfaction of the trial court for his appearance before the trial Court on the dates so fixed by that Court during trial. It is directed that applicant shall comply the provisions of Section 437(3) Cr.P.C.
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