Granting bail based on the nature of the allegation and the spirit of community service.

JUDGMENT

1. The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 05.09.2022 by Police Station- Hajira, District- Gwalior (M.P.) in connection with Crime No. 424/2022, for the offence punishable under Sections 379, 411, 413 of IPC.

2. It is the submission of learned counsel for the applicant that false case has been registered against the applicant and he is suffering confinement since 05.09.2022 whereas charge-sheet has already been filed. Applicant is primarily accused of offence under Sections 411 & 413 of IPC. Source of implication of applicant is primarily memo under Section 27 of Evidence Act of co-accused. One motorcycle has been seized from his possession, but now he learnt the lesson hard way and would mend his ways and would become a better citizen by not involving in any criminal activity in future, therefore a chance may be given to the applicant for course correction. Confinement amounts to pretrial detention. Applicant undertakes to cooperate in trial as well as investigation and would make himself available as and when required and is ready to face stringent conditions imposed by this Court. He would not be a source of embarrassment or harassment to the complainant.

3. Applicant intends to perform some community service to purge himself out of the guilt felt by him and to serve national/environmental/social cause. Under these grounds, counsel prayed for bail.

4. Learned Public Prosecutor for the State opposed the prayer on the ground of one criminal case of applicant and the fact that applicant is resident of Dholpur, Rajasthan, therefore, chance of his absconsion is apparent and prayed for its dismissal.

5. Heard learned counsel for the parties at length and perused the documents appended.

6. Considering the submissions advanced by the learned counsel for the parties and the fact situation and the nature of allegation, a chance be given to him for course correction, without commenting on the merits of the case and as per the spirit of community service echoed in the order of Sunita Gandharva Vs. State of M.P. reported in 2020(3) MPLJ(Cri.)247, the application is allowed. 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 two solvent sureties (one surety should be of local surety) in the like amount to the satisfaction of trial Court.

7. 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;

7. The applicant shall mark his presence in the first week of every month before the police station concerned between 10:30 am to 2:30 pm, till conclusion of trial.

8. It is made clear that this bail is granted once the case is made out for bail and thereafter, direction for plantation of saplings is given and it is not the case where a person intends to serve social cause can be given bail without considering the merits.

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