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Judgment
11 paragraphs · 370 wordsVijay Kumar Shukla, J
This is first application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with FIR No.758/2023 registered at Police Station - Khajrana, Indore (M.P.) for the under Sections 399 and 402 of IPC and section 25 of the Arms Act.
Counsel for applicant submits that it is a case of bail jump. The applicant was granted bail on 12.12.2023 by the trial court but because of the mistake in noting the date, he could not appear at the time of commital.
Counsel for the State opposes the prayer for grant of bail on the ground that there are as many as 4 criminal cases registered against the applicant.
After hearing learned counsel for parties and taking into consideration that applicant was already granted bail by the trial court and he could not appear on one date and thereafter appeared on 3.3.2024 and since then he is in jail, I am of the view that the applicant is entitled for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.
It is directed that Applicant- Sabir shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the court below with the following further conditions :-
(i) that applicant shall not indulgence in any offence during the bail and if he indulges in any offence during the bail, the prosecution may file an application for cancellation of bail
(ii) the applicant shall mark his presence before the concerned police station on every 15th day of the month during the pendency of trial.
It is made clear that in the case of breach of any of bail conditions, the trial court shall be free to proceed against the surety for forfeiture of surety amount in accordance with law.
A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the court below.
C.c. as per rules.