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Judgment
14 paragraphs · 395 wordsApplication for regular bail.
The petitioner who is the accused in Crime No.65 of 2021 of Mala Police Station registered for the offences punishable under Sections 450 and 392 of the Indian Penal Code, has filed this application seeking his release on bail.
The petitioner has been in custody since 24.01.2021.
The prosecution allegation that on 23.01.2021 he trespassed into the residential house of the defacto complainant and snatched away the gold chain weighing 34 grams worn by her and thereby he has committed the aforesaid offences.
The learned counsel for the petitioner would submit that he is a neighbour of the defacto complainant and they are having some disputes regarding some money transactions. But he has not committed any offence as alleged by the prosecution.
Heard both sides.
The learned Public Prosecutor would submit that though he is having criminal antecedents, he has not involved in any case of threat or robbery as in this case and the material object involved has also been recovered immediately after the arrest of the petitioner.
Having regard to the nature of the accusation levelled against this petitioner, the fact that the recovery of the material object involved has been effected as well the duration of detention undergone by this petitioner in judicial custody, I think that further detention may not be required for the investigating agency to submit the final report. Therefore, this application for regular bail is allowed subject to the following conditions:-
(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.
(ii) He shall be available before the Investigating Officer for interrogation as and when required by him, in writing.
(iii) He shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iv) He shall not commit any offence while on bail.
(v) He shall co-operate with the trial of the case.
In case of violation of any of the above conditions, the learned Magistrate/Judge is empowered to cancel the bail in accordance with the law.