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Judgment
10 paragraphs · 347 wordsG.S. Ahluwalia, J
This is fourth application filed under Section 439 of Cr.P.C. for grant of bail. First, second and third applications were dismissed by order dated 13/10/2020 passed in MCRC 39406/2020, order dated 12/01/2021 passed in MCRC 50124/2020 and order dated 03/03/2021 passed in MCRC 12144/2021.
The applicant has been arrested on 24/09/2020 in connection with Crime No.457/2020 registered by Police Station Janakganj, District Gwalior for offence punishable under Section 306 r/w Section 34 of IPC.
It is submitted by the counsel for the applicant that although the previous applications of the applicant have already been rejected on merits, but the applicant is in jail for the last more than six months and the trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case. The allegations against the applicant are that he had beaten the deceased for recovery of the loan which was given by the applicant. It is further submitted that this Court by order dated 07/04/2021 passed in MCRC No.17108/2021 has granted bail to co-accused Rakesh Jatav.
Per contra, the application is opposed by the counsel for the State. Heard the learned counsel for the parties.
Considering the period of detention as well as the facts and circumstances of the case and without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/-(Rupees one lac only) with one surety in the like amount 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 the trial but in case of bail jump, it shall become ineffective.
In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 in
Criminal Appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.
Certified copy as per rule.