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Judgment
17 paragraphs · 391 wordsSanjay Dwivedi, J
This is the first application filed under Section 438 of the Code of Criminal Procedure on behalf of the applicant for grant of anticipatory bail.
The applicant is apprehending his arrest in Crime No.308/2022 registered at Police Station-Thana Baldeogarh, District Tikamgarh for the offence punishable under Section 365 of IPC.
Learned counsel for the applicant submits that a false case got registered against the present applicant because of some enmity in the Panchayat Election. He submits that although later on, during the course of arguments before the Court below, the complainant has filed an affidavit saying that she has no objection if bail is granted to the present applicant. He, therefore, submits that under the circumstances, the present applicant may be released on anticipatory bail.
On the other hand, Shri Akshay Namdeo, learned counsel for the State has opposed the application and read over the case diary.
Considering the factual circumstances of the case when objector before the Court below stated that she has no objection if bail is granted, I am inclined to release the applicant on anticipatory bail. Thus, without commenting anything on the merits of the case, this application is allowed.
It is directed that in the event of arrest, the applicant be released on bail upon his furnishing a bail bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one solvent surety of the like amount to the satisfaction of Station House Officer/Arresting Officer of the Police Station concerned.
This order shall remain operative subject to compliance of 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 him/her 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;
The applicant will not seek unnecessary adjournments during the trial;
and
The applicant will not leave India without prior permission of the trial
Court/Investigating Officer, as the case may be.
Certified copy as per rules.