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Judgment
11 paragraphs · 395 wordsGurpal Singh Ahluwalia, J
Case diary is available.
This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 13.03.2022 in connection with Crime No.532/2021 registered at Police Station Jhansi Road District Gwalior for offence under Sections 327, 294, 324 of IPC.
It is submitted by the counsel for the applicant that according to the prosecution case, the applicant demanded Rs.200/- from the complainant. When she refused to do so, then she was abused filthily and was also thrown on the ground by pushing her. Sister and brother of the complainant intervened in the matter. It is alleged that the applicant also chased her with a knife. It is submitted that the applicant has been falsely implicated. However, in the light of the criminal antecedents, according to which, 17 more criminal cases have been registered against the applicant, he is ready and willing to abide by any stringent condition which may be imposed by the Court including that of furnishing cash surety.
Per contra, the application is vehemently opposed by the counsel for the State.
Considering the period of detention as well as the allegations made against the applicant, coupled with the criminal antecedents, this Court is of the considered opinion that the applicant can be granted bail only on stringent condition of furnishing cash surety. Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on furnishing cash surety of Rs.1,00,000/- (Rupees One Lac) to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.
It is made clear that single default in appearance before the Trial Court, or in case of registration of new offence, this bail order shall automatically come to an end and the cash surety so furnished by the applicant shall automatically stand forfeited without any reference to the Court.
In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.
CC as per rules.