The court has the discretion to grant bail based on the overall facts and circumstances of the case, without commenting upon the merits of the case, and may impose specific conditions for the grant of bail.

JUDGMENT

Vishal Mishra, J. - This is the first bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail.

The applicant has been arrested on 19.02.2022 by Police Station Burhar, District Shahdol in connection with Crime No.71/2022 for the offence punishable under Sections 363, 366a, 376 (2) (N), 368, 109 and 34 of the Indian Penal Code and Section 5/6 of the Protection of Children From Sexual Offences act, 2012.

It is submitted that the applicant has falsely been implicated in the crime. He has not committed any offence. It is further submitted that there is no allegation of committing rape against the applicant, not even an allegation of helping the present applicant in eloping the girl, who is aged about 17 years 6 months. The other co-accused have already been in custody. The applicant is in custody since 19.02.2022; therefore, there is no further requirement of custodial interrogation of the applicant. The applicant is the first offender. On these grounds, he prays for grant of bail.

Per contra, learned counsel appearing for the State has vehemently opposed the bail application and has prayed for dismissal of the same; however, he could dispute the fact that the applicant is the first offender as per the case diary records.

Considering the over all facts and circumstances of the case without commenting upon the merits of the case, this application is allowed. The applicant be released on bail subject to verification of the fact that the applicant is a first offender having no criminal history and 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 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. If the applicant is found involved in any case except present one, his bail shall stand rejected without any reference to the court;

8. 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.

Application stands allowed and stands disposed of.

Certified copy as per rules.