The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.

JUDGMENT

Rajeev Kumar Shrivastava, J. - The applicant has filed this first application u/S.439 Cr.P.C for grant of bail.

Applicant has been arrested on 08/01/2022 by Police Station City Kotwali, District Morena (M.P.) in connection with Crime No.14/2022 registered for offence under Sections 307, 147, 148, 149, 294, 323 & 506 of the IPC.

It is submitted by learned counsel for the applicant- Balua Gurjar that the applicant is innocent. He has not committed any offence. He has falsely been implicated in this case. applicant is aged around 28 years and is in custody since 08/01/2022 i.e. around two months. It is further submitted that the case is of no injury. False allegations have been made against the present applicant. Investigation and trial will take its own time. The applicant is ready to abide by any condition which may be imposed by this Court in case of grant of bail. Hence, prayed for grant of bail to the applicant.

Per contra, learned State counsel as well as counsel for the complainant have vehemently opposed the application and submitted that the offence is registered under Sections 307, 147, 148, 149, 294, 323 & 506 of the IPC, wherein firearm was used in the incident. It is further submitted that there is history of three criminal cases against the present applicant and in case of grant of bail to the present applicant, prosecution case would be adversely affected. Hence, prayed to reject this application filed for grant of bail to the applicant.

Heard learned counsel for the parties at length and perused the case diary.

Considering the arguments advanced by learned counsel for the applicant along-with the facts and circumstances of the case, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lac only) with one solvent surety in the like amount to the satisfaction of the Court concerned for his regular appearance before the trial Court concerned on the dates fixed by it.

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 any kind of offence. In case of commission of any kind of offence, this bail order shall automatically stand cancelled;

5 . The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial; and

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

Application stands disposed of in above terms.

Let a copy of this order be sent to the trial Court concerned for compliance.

Certified copy/ e-copy as per rules/directions.