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Judgment
12 paragraphs · 450 wordsLearned counsel for the parties heard on first bail application filed under Section 439 of the Cr.P.C. before this Court on behalf of applicant in relation to Crime No.307/2019 registered at Police Station Dinara, District Shivpuri in connection with the offence punishable under Sections 394, 323 and 294 of IPC and section 11/13 of MPDVPK Act.
Perused the case diary.
It is submitted by learned counsel for the applicant that the applicant is in custody since 19.11.2019 and the applicant has been falsely implicated in the case and he has not committed any offence. It is further submitted that co-accused has been granted bail by the this Court on 18/12/2019 and there is parity with the co-accused. Under these circumstances, the applicant prays for grant of bail.
Per contra, above mentioned prayer has been strongly opposed by the learned Public Prosecutor appearing for the State on the ground that on the basis of material available on record, no case for grant of bail is made out.
Considering the facts and circumstances of the case, without commenting on the merits of the case and also considering the fact that the conclusion of trial will take its own time, the application filed by the applicant under Section 439 of the Cr.P.C. is allowed and it is ordered that on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) by the applicant with one solvent surety in the like amount to the satisfaction of the Court concerned for his regular appearance on the dates given by the concerned Court, he be released on bail subject to following conditions:-
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 if so, then this order will automatically render cancelled and the applicant shall be taken into custody;
The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the Court concerned for compliance as well as copy of the order be given to the learned Public Prosecutor/Panel Lawyer with a direction to keep the same in the concerned case diary.
