The court has the discretion to grant bail, considering the nature of the offences, confinement of the applicant, and the undertaking of the applicant to cooperate and not cause any embarrassment or harassment to the complainant party.

JUDGMENT

Anand Pathak, J. - The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 20.09.2022 by Police Station Civil Line, District Morena in connection with Crime No.837/2022 registered for offence punishable under Sections 376(2) (n), 376(d), 354-C, 201, 506 of IPC and Section 66-E of IT Act.

2. It is the submission of learned counsel for the applicant that applicant is suffering confinement since 20.09.2022 on false pretext and charge-sheet has already been filed. It is further submitted that story indicates an improbable event and it is highly improbable that under unconscious state of mind, prosecutrix entered into the hotel and signed the entry register of hotel and provided her Adhar-Card. FIR is delayed by one month. Applicant bears criminal record of three cases but of minor nature. Confinement since 20.09.2022 amounts to pretrial detention. He undertakes to cooperate in trial/investigation and shall not cause any embarrassment and harassment to the complainant party in any manner and shall not move in their vicinity. Thus, he prayed for bail.

3. Learned Public Prosecutor opposed the prayer and prayed for dismissal of this application.

4. Heard learned counsel for the parties at length and perused the case diary.

5. Considering the submission and the arguments advanced by learned counsel for the parties, but without commenting on the merits of the case, it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of trial Court.

6. This order will remain operative subject to compliance of the following conditions by the applicant :-

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit an offence similar to the offence of which he is accused;

5. The applicant will not seek unnecessary adjournments during the trial;

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and

7. The applicant shall not cause any embarrassment and harassment to the complainant party in any manner and shall not move in their vicinity.

8. The applicant shall mark his appearance before the concerned police station once in a month between 10.30 am to 2.00 pm till conclusion of trial.

7. Application stands allowed and disposed of.

8. Copy of this order be sent to the trial Court concerned for compliance from the office of this Court.

Certified copy as per rules/directions.