The court has the discretion to grant bail based on the nature and gravity of the offence, along with considering the facts & circumstances of the case.

JUDGMENT

Rajeev Kumar Shrivastava, J. - The applicant has filed this second application under Section 439 of Cr.P.C. for grant of bail to the applicant.

The applicant has been arrested on 19/11/2021 in connection with Crime No.110/2021 registered at Police Station Maksudangarh, District Guna (M.P.) in relation to the offence punishable under Sections 294, 323, 324, 506/34, 326 of IPC.

It is submitted by learned counsel for the applicant that the applicant has not committed any offence. He has falsely been implicated in this case. Earlier co-accused Sonu has been released on bail vide order dated 22/04/2022 passed in M.Cr.C. No. 15085/2022. There is no progress in the trial and the applicant is in custody since 19/11/2021. Trial will take its own time. applicant is ready to abide by any condition which may be imposed by this Court. Hence, looking to the aforesaid facts of the case, learned counsel prays for grant of bail to the applicant.

Per contra, learned State counsel has vehemently opposed the application and has submitted that the case is registered against the applicant under Sections 294, 323, 324, 506/34, 326 of IPC, wherein there is sufficent evidence available against the present applicant. Hence, considering the nature and gravity of offence, learned State counsel prayed to reject this application filed for grant of bail to the applicant.

Heard learned counsel for the parties and perused the case diary. Considering the arguments advanced by learned counsel for the parties along with the other facts & circumstances of the case, without commenting on merits of the case, the application is allowed. It is hereby directed that the applicant shall be released on bail on his furnishing a personal bond of Rs.1,00,000/-(Rupees One Lac Only) with one solvent surety each in the like amount to the satisfaction of the trial court.

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

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

2. The applicant shall make himself available for interrogation by a police officer as and when required.

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 seek unnecessary adjournments during the trial; and

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

This bail application stands disposed of in above terms.

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

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