The court may grant bail based on factors such as the status of co-accused and the expected duration of the trial, without commenting on the merits of the case.

JUDGMENT

Rajeev Kumar Shrivastava, J. - The applicant has filed this first application u/S.439 Cr.P.C for grant of bail.

applicant has been arrested on 05/04/2022 by Police Station Madhoganj, Distt. Gwalior (M.P.) in connection with Crime No.107/2022 registered for offence under Sections 457, 380 of the IPC.

It is submitted by learned counsel for the applicant- Vikki Jatav that the applicant has not committed any offence. He has falsely been implicated in this case. There is no role of the applicant in the commission of alleged offence. It is further submitted that co-accused abhishek has already been granted bail by this Court vide order dated 02/05/2022 passed in M.Cr.C. No.21526 of 2022 and the case of present applicant is on same footing. Trial will take its own time. applicant is ready and willing to abide by any condition which may be imposed by this Court. Hence, prays for grant of bail to the present applicant.

Per contra, learned State counsel has vehemently opposed the application and submitted that there is history of three criminal cases against the applicant. In case of grant of bail, prosecution witnesses will be adversely affected. Hence, prayed to reject this application filed for grant of bail to the applicant.

Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the case diary.

Considering the arguments advanced by learned counsel for the parties along with facts and circumstances of the case and the fact that co-accused abhishek has already been granted bail by this Court and trial will take its own time, without commenting upon the merits of the case, the application is allowed and 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 in the like amount to the satisfaction of the Court concerned for his regular appearance before the trial Court concerned on the dates fixed by it.

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 any kind of offence. In case of commission of any kind of offence, this bail order shall automatically stand cancelled and whole amount of bail bonds will be forfeited;

5. The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial; and

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 before the SHO of concerning police station once in every fortnight till conclusion of trial.

Application stands disposed of in above terms.

Let a copy of this order be sent to the trial Court concerned for compliance.

Certified copy/ e-copy as per rules/directions.