The court may grant bail considering the overall facts and circumstances of the case, without commenting upon the merits of the case, and impose specific conditions on the applicant.

JUDGMENT

Vishal Mishra, J. - This is the second bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail. His earlier bail application was dismissed on merits vide order dated 21.02.2022 in M.Cr.C. No.9289/2022 with liberty to repeat the same after filing of the charge-sheet.

The applicant has been arrested on 29.01.2022 by Police Station Maharajapur, District Chhatarpur (M.P.) in connection with Crime No.27/2022 for the offence punishable under Sections 327, 458, 427, 323, 294 and 506/34 of the Indian Penal Code.

It is pointed out that the applicant has falsely been implicated in the crime. He has not committed any offence in any manner. It is submitted that the investigation is over and the charge-sheet has been filed in the matter. Other co-accused Santosh Raikwar has already been enlarged on bail by this Court vide order dated 04.05.2022 passed in M.Cr.C.No.21701/2022. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering his bail application. In view of the aforesaid, he prays for grant of bail.

Per contra, learned counsel appearing for the State has vehemently opposed 8 IST the prayer stating that there are specific allegations against the present applicant.

However, the filing of charge-sheet could not be disputed by the State counsel.

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

4. The applicant shall not involve in 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 his 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 guideliness before releasing the applicant on bail.

Application stands allowed and disposed of.

Certified copy as per rules.