The court has the discretion to grant bail based on the overall facts and circumstances of the case, subject to imposing necessary conditions on the applicants.

JUDGMENT

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

The applicants have been arrested on 23.1.2022 by Police Station Damua, District-Chhindwara (M.P.) in connection with Crime No.22/2022 for the offence punishable under Sections 457, 380 and 414 of the Indian Penal Code.

It is submitted that the applicants have been falsely implicated in the case and they have not committed any offence in any manner. It is further submitted that the investigation is over and the charge-sheet has already been filed on 22.03.2022 in the matter. The other co-accused has already been enlarged on bail by this Court on 21.3.2022 in M.Cr.C. No.12823/2022. There is no further requirement of custodial interrogation of the present applicants. The applicant No.2-Balakram is the first offender and applicant No.1-Karan is having a criminal past of one case registered against him. They are ready to abide by all the terms and conditions that may be imposed by this Court while considering their bail application. In such circumstances, he prays for grant of bail.

Per contra, learned counsel appearing for the State has vehemently opposed the prayer stating that there are serious allegations against the present applicants. They used to purchase the stolen articles without any license or authority. It is submitted that one other case of applicant No.1-Karan has also been registered and there is no information in the case diary regarding criminal past of applicant No.2-Balakram. In view of the aforesaid, he has prayed for rejection of this application.

Considering the over all facts and circumstances of the case, without commenting upon the merits of the case, this application is allowed subject to verification of the fact that applicant No.2-Balakram is the first offender.

The applicants be released on bail on furnishing surety bond of Rs.50,000/-(Rupees Fifty Thousand Only) each with one local surety each in the like amount to the satisfaction of trial Court.

In view of the COVID-19, jail authorities are directed to follow the Covid Protocol guidelines before releasing the applicants.

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

1. The applicants will comply with all the terms and conditions of the bond executed by them;

2. The applicants will cooperate in the investigation/trial, as the case may be; 3. The applicants will not indulge herself/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 applicants shall not involve any other offence, in case the applicants indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled;

5. The applicants will not seek unnecessary adjournments during the trial;

6. The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

7. The applicants 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.

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