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Judgment
38 paragraphs · 419 wordsThe applicant has filed this first application under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 12.01.2020, in
connection with Crime No.13/2020, registered at Police Station Madhoganj, District Gwalior (MP), for the offence punishable under Sections 363, 366,
376, 34 of IPC.
It is the submission of counsel for the applicant that the false case has been registered against him and he is suffering confinement since 12.01.2020
on false pretext. It is further submitted that offence under Section 376 of IPC is attributable over the co-accused Lakhan at best and not over the
present applicant. Complainant party are trying to search their daughter who allegedly eloped with Lakhan. Thereafter, non furnishing of information
by the present applicant and his mother, resulted into physical violence, therefore, present applicant and his mother filed a complaint on which FIR has
been registered vide Crime No.03/2020 at Police Station Panihar against the complainant party. Confinement amounts to pretrial detention. He
undertakes to cooperate in the investigation/trial and make himself available as and when required. He would not be a source of embarrassment and
harassment to the prosecution witnesses in any manner. He would not move in the vicinity of complainant. He would not try to any kind of contact to
the complainant party in any manner. He further undertakes to do some community service to purge his misdeeds by way of plantation of saplings.
Under these grounds, he prayed for grant of bail to the applicant.
Learned PP for the State opposed the prayer made by the applicant and prayed for dismissal of this application.
Learned counsel for the complainant also opposed the prayer. Heard learned counsel for the parties and perused the case diary.
Considering the submissions advanced by learned counsel for the applicant as well as fact situation of the case, but without expressing any opinion on
merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of
Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court.
This order will remain operative subject to compliance of the following conditions:-
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