The court may grant bail considering the circumstances, lack of apprehension of tampering with evidence, and the accused's custody since the incident.

JUDGMENT

Rajeev Kumar Dubey, J. - Heard with the aid of case diary.

This is the second application under Section 439 Cr.P.C for grant of bail. applicant Ravi Kumar Kol @ Kallu Kol was arrested on 16/9/2021 in connection with Crime No.380/2021 registered at Police Station Khamhariya, Distt. Jabalpur (M.P.) for the offence punishable under Sections 294 and 307 of the IPC.

as per prosecution case, on 16/9/2021 at around 6.20 p.m., when injured Shekhar was at his grossery shop located at Prem Nagar, Pipariya, applicant Ravi Kumar @ Kallu came there and abused him when he objected, applicant assaulted him with knife, due to which he sustained grievous injury.

Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the offence. It is further submitted that statement of injured Shekhar Yadav has been recorded by the trial Court. He did not depose anything against the applicant. The applicant has been in custody since 16/9/2021 and conclusion of trial will take time, hence prayed for release of the applicant on bail.

Learned counsel for the State opposed the prayer and submitted that the applicant assaulted injured Shekhar with knife and caused injury in his stomach, so he should not be released on bail.

Looking to the facts and circumstances of the case, the contention of learned counsel for the applicant and the fact that the statement of injured Shekhar has been recorded by the trial Court, so there is no apprehension of tempering with the prosecution evidence by the applicant on releasing him on bail, the applicant is in custody since 16/9/2021, charge sheet has been filed and conclusion of the trial will take time, without commenting on merits of the case, the application is allowed and it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with surety in the like amount to the satisfaction of the concerned CJM/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

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 trial;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court;

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 prior permission of the trial Court.

C.C. on payment of usual charges.