The court may grant bail based on the period of custody and without commenting on the merits of the case, subject to specified conditions.

JUDGMENT

Anand Pathak, J. - Matter is heard finally.

The applicant has filed this Third bail application u/S.439 Cr.P.C for grant of bail. applicant has been arrested on 24/11/2021 by Police Station Mungawali, District-ashoknagar in connection with Crime No. 317/2021 registered for offence punishable under Sections 323, 294, 324, 506 and 34 of IPC, added Sections 325 and 326 of IPC. His earlier applications were dismissed as withdrawn on 20/12/2021 and 03/01/2022.

It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 24/11/2021 whereas material prosecution witnesses Rajkumar (PW-1) and Pawan (PW-2) have been examined, therefore, chance of tampering with the evidence/witnesses is remote. It is further submitted that the medical report indicates that fracture is sustained by the victim Rajkumar over his leg (fibula bone) and apparently, it has not been caused by the appellant prima facie. Therefore, considering the period of custody, which is more than six months and delay in trial, his case be considered for bail. Learned counsel referred that applicant has criminal antecedents of three cases, out of which, in one case acquittal has been recorded in his favour and two cases are of minor nature. He further undertakes that he will not interfere in the working/ procedure of the revenue authorities/ police authorities and if in future Patwari visits in the vicinity regarding some measurement then he shall not be the cause of any obstruction. He shall cooperate in the trial in case, bail is granted to him.

Learned Public Prosecutor for the State opposed the prayer and prayed for dismissal of this bail application.

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

Considering the submissions advanced and looking to the period of custody, but without commenting on the merits of the case, 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 two solvent sureties each of 25,000/-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 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. applicant shall not move in the vicinity of complainant party and would not be source of embarrassment and harassment in any manner.

8. applicant shall not be a cause of obstruction or interference in the regular functioning of the revenue authorities/ police authorities, if any measurement or work related to land revenue code etc., is undertaken by them.

Copy of this order be sent to the trial Court concerned for information and necessary compliance.

Certified copy as per rules.