AI Structured Summary
Not yet generated for this judgment
Judgment
Subodh Abhyankar, J
This is the applicant's second bail application under Section 439 of Criminal Procedure Code, 1973. He is implicated in connection with Crime
No.1292/2020 registered at Police Station Banganga, Indore District Indore (MP) for offence punishable under Sections 452, 323, 326, 294 and 506/34
of Indian Penal Code, 1860. His earlier bail application M.Cr.C. No.898/2021 was dismissed by this Court on 28.01.2021 with liberty to renew his
prayer after the examination of the injured witnesses.
The applicant is in jail since 24.11.2020.
Counsel for the applicant has submitted that although the has been committed to the trial Court and the charges have not been framed and the Courts
are closed on account of fresh spread of COVID-19.
Counsel has submitted that the final conclusion of the trial is likely to take sufficiently long time on account of COVID-19 and the applicant is in jail
since 24.11.2020. Thus, the applicants' bail is sought.
Counsel for the State, on the other hand, has opposed the prayer and it is submitted that one more case has been registered in the year 2020 against
the applicant under the provisions of NDPS Act. Hence, no case for grant of bail is made out.
Having considered rival submissions and perusal of the case diary, taking note of the fact that the applicant is in jail since 24.11.2020 and even the
charges have not been framed, as the Courts are also not working on account of COVID-19, this Court finds it expedient to to allow the present
application under certain strict conditions.
Accordingly, without adverting to the merits of the case, the application filed by the applicant is hereby allowed, subject to deposit a sum of
Rs.10,000/- (Rupees Ten Thousand only), and the said amount shall be subject to the final outcome of the case by the trial Court. It is further directed
that upon applicant's depositing a sum of Rs.10,000/- (Rupees Ten Thousand only) in a fixed deposit in a nationalized bank and producing the receipt /
certificate of the same before the concerned trial Court, he shall be released on bail upon furnishing a bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand only) with one surety bond of the same amount to the satisfaction of the trial Court for his / her regular appearance before the trial Court
during trial with a condition that he / she shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated
under Section 437 (3) Criminal Procedure Code, 1973. The deposit receipt/certificate so produced by the applicant shall be endorsed by the learned
Judge of the lower Court to be, 'furnished towards the bail of the applicant and shall be subject to the final decision of the case by the trial Court'.
It is also observed that if the applicant is found to be involved in any criminal activities, after his / her release on bail, then the present bail order shall
stand cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy as per rules.