The court may grant bail under Section 439 of CrPC based on the completion of investigation, filing of charge-sheet, and the lack of requirement for further custodial interrogation, without commenting on the merits of the case.

JUDGMENT

Rajeev Kumar Shrivastava, J. - This is first application under Section 439 of CrPC for grant of bail. The applicant has been arrested on 17/6/2021 in connection with Crime No.05/2020 registered at Police Station Sumavali, District Morena for offence under Sections 384, 336, 395, 212, 216, 450 and 398 of IPC, Section 11/13 of MPDVPK act and Section 25/27 of arms act.

It is submitted by learned counsel for applicant Balishtar @ Balkatar Gurjar that the applicant has been falsely implicated. He has not committed any offence. He is in custody since last almost eight months. Now, investigation is complete and charge-sheet has been filed. There is no requirement of further custodial interrogation of the present applicant. Trial will take long time to conclude. It is further submitted that co-accused Karua @ Ramraj Gurjar has already been granted bail by this Court by order dated 23/2/2021 passed in MCRC No.8638/2021 and case of the present applicant is also on the same footings. Hence, prayed for grant of bail to the applicant.

Per contra, learned State counsel opposed the bail application and has submitted that case of the present applicant is not on the same footings as of co-accused Karua @ Ramraj Gurjar as present applicant was a member of a dacoit group Gudda Gurjar and he himself has admitted the said fact. Hence, prayed to reject the bail application.

Heard learned counsel for the rival parties and perused the materials available on record.

It is true that case of the present applicant is not on same footings as of co-accused Karua but considering the custody period of the applicant as well as the fact that now charge-sheet has been filed and there is no requirement of further custodial interrogation, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lakh only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court for his regular appearance before the court on the dates given by the concerned 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 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 of which he is accused;

5. The applicant will not move in the vicinity of complainant party and 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; and

7. The applicant shall mark his presence before the SHO of concerned police station once in a fortnight (every fifteen days) till conclusion of the trial.