Granting bail based on the reduced chance of tampering with evidence due to the examination of material prosecution witnesses and the period of custody.

ORDER

1. The applicant has filed this fourth bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 08-07-2020 by Police Station Devgarh, District Morena in connection with Crime No.74/2020 registered for offence punishable under Sections 302, 323, 294, 506, 34 of IPC. His earlier bail applications were dismissed as withdrawn.

2. It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 08-07-2020 and material prosecution witnesses including injured witness have been examined, therefore, chance of tampering with the evidence/witnesses is remote. Applicant does not bear any criminal record. Looking to the period of custody and the fact that material prosecution witnesses have been examined, his case be considered for bail. Confinement amounts to pretrial detention. He further undertakes not to be source of embarrassment and harassment to the complainant party in any manner and would not move in the vicinity of complainant party and would cooperate in trial. Counsel seeks parity vis-a-vis order dated 11.02.2022 passed in MCRC No.6250/2022 of co-accused namely Jardan Singh. Further applicant voluntarily intends to serve the National/Environmental/Social cause to purge his misdeed if any, in case bail is granted.

3. Counsel for the State opposed the prayer and prayed for dismissal of the bail application.

4. Learned counsel for the complainant also opposed the prayer and submitted that applicant was instrumental in inflicting blow to the deceased and if he is released on bail then stringent conditions be imposed.

5. Heard learned counsel for the parties at length and considered the arguments advanced by them.

6. Considering the submission specially the fact that material prosecution witnesses have been examined, therefore, chance of tampering with the evidence is remote and further looking to the period of custody, this Court intends to allow this application but with be released on bail, on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lac only) with two solvent sureties of like amount to the satisfaction of trial Court.

7. 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 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;

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

7. Applicant shall mark his presence on every Monday before the concerned Police Station between 10:30 am to 2 pm till conclusion of trial without any fail and shall register his presence otherwise his bail shall be cancelled.

8. Applicant shall not be a source of harassment and embarrassment to the complainant party in any manner and shall not move in their vicinity and if any harassment and embarrassment is caused by the applicant to the complainant side, then benefit of bail shall be immediately withdrawn and it would be the duty of police officers to look into the complaint of complainant side if any mischief is done by the applicant.

9. It is made clear that this bail is granted once the case is made out for bail and thereafter, direction for plantation of saplings is given and it is not the case where a person intends to serve social cause can be given bail without considering the merits.

8. It is expected from the applicant that he shall submit photographs by downloading the mobile application (NISA