The court considered the nature of allegations, period of detention, and the applicant's willingness to abide by stringent conditions in granting bail.

JUDGMENT

G.S. ahluwalia, J. - This second application under Section 439 of Cr.P.C. has been filed for grant of bail. The first application was dismissed as withdrawn by order dated 4.2.2022 passed in M.Cr.C.No.5869/2022.

The applicant has been arrested on 10.12.2021 in connection with Crime No.164/2020 registered at Police Station Umari, District Bhind for offence under Sections 307, 294, 34 of IPC.

It is submitted by the counsel for the applicant that the first application was withdrawn because the counsel who had filed the said application had already appeared for the complainant and the application was not argued on merits. It is submitted by the counsel for the applicant that according to the prosecution case, three persons fired gunshots causing injuries on the ankle and the hand of the victims. It is submitted that there is a cross-case also. The applicant is in jail from 10.12.2021. The Co-ordinate Bench of this Court by order dated 24.9.2021 passed in M .Cr.C.No.35177/2020 has granted bail to the co-accused Jageshwar Singh @ Rajne. In view of the criminal antecedents, the applicant is ready and willing to abide by any stringent condition which may be imposed by the Court. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the counsel for the State. It is submitted by the counsel for the State that the applicant was absconding for about one and half years but fairly conceded that the incident took place on 25.5.2020 and because of Covid-19 pandemic, there was certain restrictions. It is further submitted by the counsel for the State that the applicant has a criminal history and two more criminal cases i.e. one under Section 307 of IPC registered in the year 2018 which is still pending and another offence was registered under Sections 324, 294, 506, 147, 148, 149 of IPC and in that case the applicant has already been acquitted.

Considering the nature of allegations as well as period of detention and without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/-(Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

It is further directed that the applicant shall appear before the S.H.O. Police Station Umari, District Bhind on 1st of every month during the pendency of the Trial.

In case of bail jump or non-appearance of the applicant before the police station as directed by this Court, this order shall lose its effect.

In the light of the judgment passed by the Supreme Court in the case of aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.

Certified copy as per rules.