The court has the discretion to grant bail based on the overall facts and circumstances of the case, without commenting upon the merits of the case, and may impose specific conditions for compliance.

JUDGMENT

Vishal Mishra, J. - This is the first bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail.

The applicant has been arrested on 19/03/2022 by Police Station-Kotwali, Panna, District Panna (M.P.) in connection with Crime No.232/2022 for the offence punishable under Section 34 (2) of the M.P. Excise act.

It is pointed out that the applicant has been falsely implicated in the case and has not committed any offence in any manner. applicant is in custody since 19.03.2022. There is no further requirement of custodial interrogation of the present applicant. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering his bail application. On these grounds, he prays for grant of bail.

Per contra, learned counsel appearing for the State has vehemently opposed the application stating that there is recovery from the present applicant and there are two criminal cases registered against the present applicant therefore, prays for dismissal of the application.

Considering the over all facts and circumstances of the case, without commenting upon the merits of the case, this application is allowed. The applicant be released on bail on furnishing surety bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one local surety in the like amount to the satisfaction of trial Court.

This order will remain operative subject to compliance of the following conditions by the applicants :-

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 him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not involve any other offence, in case the applicant indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled;

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 will inform the concerned S.H.O. of concerned Police Station about their residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same.

In view of the COVID-19, jail authorities are directed to follow the Covid-19 Protocol as per the Government guidelines before releasing the applicant on bail.

Application stands allowed and disposed of. Certified copy as per rules.