The court considered the lack of direct evidence and completion of the investigation in granting bail to the accused.

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 19.11.2021 by Police Station Majhgawan, District Satna in connection with Crime No.204/2021 for the offence punishable under Sections 436 and 427 of the Indian Penal Code.

It is submitted that the applicant has falsely been implicated in the crime. He has not committed any offence. It is further submitted that as per Roznamcha, dated 18.11.2021 the complainant has not seen anyone putting fire in his hut. He is unaware of the person, who has set fire in his hut. It is argued that the investigation i s over and the charge-sheet has been filed before the concerning Court on 28.12.2021. He is in custody since 19.11.2021; therefore, there is no further requirement of custodial interrogation of the applicant. On these grounds, he prays for grant of bail.

Per contra, learned counsel appearing for the State has vehemently opposed the bail application stating that the eye witness Girwar Singh, who is the neighbor of the complainant has stated that he has seen the applicant running from the spot.

It is submitted that the applicant is having criminal antecedents of two cases and two preventive detention proceedings. However, filing of the charge-sheet is not disputed by the State counsel.

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 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. 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.