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 20.01.2014 to 10.04.2015 & from 08.02.2022 till date, by Police Station- Bhander District Datia, in connection with Crime No.14/2014 for the offence punishable under Sections 392 , 397 of IPC and Section 11 /13 of MPDVPK ACT .

2. It is the submission of learned counsel for the applicant that it is a case of bail jump and so far now applicant suffered 15 months of incarcertion. Earlier he was arrested on 20.01.2014 and remained in confinement since 10.04.2015 and now he is arrested on 08.02.2022 and suffering confinement yet.

3. Applicant undertakes to cooperate in trial as well as investigation and would make himself available as and when required. He would not be a source of embarrassment or harassment to the complainant. Applicant intends to perform some community service to purge himself out of the guilt felt by the applicant and to serve national/environmental/social cause. Under these grounds, he prayed for bail.

4. Learned Public Prosecutor for the respondent/State opposed the prayer and he prayed for dismissal of this application.

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, a chance be given to the applicant for course correction. 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 and without commenting on the merits of the case, 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 (each of Rs.25,000/-) 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 would not be a source of embarrassment or harassment to the complainant.

8. The applicant shall appear first week of every month before the Police Station, Bhander,District Datia between 10.30 am to 1.30 pm to mark his presence 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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