JUDGMENT

1. The applicant has filed this sixth bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 18-04-2021 by Police Station Kampoo, District Gwalior in connection with Crime No.234/2021 registered for offence punishable under Sections 354 and 376 of IPC.

2. It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 18-04- 2021 whereas material prosecution witnesses have been examined, therefore, chance of tampering with the witnesses/evidence is remote. It is further submitted that looking to the period of custody and the fact that he learnt the lesson hard way and would mend his ways and would become better citizen by not involving in criminal activities in future, his case be considered for bail.

3. He shall abide by each and every conditions as imposed by this Court. Thus, prayed for grant of bail.

4. Counsel for the State opposed the prayer and prayed for dismissal of bail application.

5. Heard learned counsel for the parties at length and considered the arguments advanced by th6. em.

6.Considering the submissions specially the fact that applicant already suffered almost 14 months incarceration and the fact that material prosecution witnesses have been examined, this Court intends to allow this application but at the same time this Court feels that stringent condition be imposed over the applicant so that he and other similarly placed persons may be deterred to commit such type of offences and he may not be able to intimidate the witnesses as per the spirit as echoed by Apex Court in the case of Aparna Bhat Vs. State of M.P. reported in 2021 SCC Online 230 and accept performance of community service as per the spirit of Sunita Gandharva Vs. State of M.P. reported in 2020 (3) MPLJ(Cri.) 247. Therefore, it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lac Only) with two solvent sureties of 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 be a source of embarrassment or harassment to the complainant party in any manner and 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 Station House Officer of the concerned Police Station is directed as follows:

1. The Station House Officer shall inform the victim about the release of the petitioner/appellant on bail and shall also supply a copy of this bail order to the victim.

2. In case of breach of any of the conditions of this order, the victim shall be free to report the matter to the Station House Officer of the concerned Police Station.

3. On receipt of any such complaint from the victim, the Station House Officer of the concerned police station, in turn, shall inform the Registry of this Court.

4. On receipt of information from the Station House Officer as aforesaid, the Registry of this Court shall list this matter under caption 'Directions' before the appropriate Bench.

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