Granting bail under stringent conditions based on the period of detention, the extent of loss caused to the victims, and the possibility of the applicant absconding or tampering with the prosecution case.

JUDGMENT

G.S. ahluwalia, J. - This first application under Section 439 of Cr.P.C. has been filed for grant of bail.

The applicant has been arrested on 11/05/2021 in connection with Crime No.77/2021 registered by Police Station Jamner, District Guna for offence punishable under Sections 326, 436, 294, 323, 324, 506 and 34 of IPC.

It is submitted by the counsel for the applicant that according to the prosecution case, the applicant had assaulted the injured Mukesh on his head by a Farsi and also set the houses of Komal Singh, Ranglal and Nepal Singh on fire, as a result extensive damage was caused to their belongings. The applicant is in jail from 11/05/2021 i.e. more than 8 months. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that the applicant had not only assaulted complainant Mukesh, but also set the houses of Mukesh, Komal Singh, Ranglal and Nepal Singh on fire causing loss of rupees more than Rs.2,00,000/-, which is evident from the Nuksani Panchnama. Furthermore, the applicant has a criminal history and three more cases were registered against him, including one under Section 307 of IPC.

Considering the period of detention as well as considering the extent of loss cause to Komal Singh, Ranglal and Nepal Singh as well as Mukesh, this Court is of the considered opinion that the applicant can be granted bail only on stringent condition. accordingly, it is directed that in case, if the applicant deposits an amount of Rs.2,00,000/- without any prejudice to his defence and on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.

The deposit of an amount of Rs.2,00,000/- shall be condition precedent for release of the applicant. It is made clear that the said amount shall be distributed amongst the victims as per the loss sustained by them. It is made clear that this deposit of amount is without any prejudice to the defence of the applicant. The amount in favour of the victims shall be released only after obtaining undertaking from them that in case, if the applicant is acquitted, then the amount so released in their favour shall be returned by them.

In the light of the judgment passed by the Supreme Court in the case of aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.

With aforesaid observation, the application is allowed.

Certified copy as per rules.