Granting bail on stringent conditions to prevent delay in trial and ensure the applicant's accountability.

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 11.01.2022 in connection with Crime No.100/2008 registered at Police Station Joura, District Morena for offence under Sections 304-a, 279, 337, 338 of IPC.

It is submitted by Counsel for the applicant that it is a case of bail jump. The applicant was facing trial for offence under Sections 304-a, 279, 337, 338 of IPC. It is submitted that applicant is ready and willing to abide by any stringent condition which may be imposed and in order to show his bonafide, he is ready and willing to contribute for fighting against COVID-19 pandemic as well as he is also ready and willing to deposit cost apart from any other stringent condition which may be imposed against him.

Per contra, the application is vehemently opposed by Counsel for the State.

The charge-sheet was filed on 30.04.2008 and the applicant was released on bail. However, on 15.02.2010, he did not appear, and accordingly, his bail bonds were canceled and arrest warrant was issued and on 11.12.2010, he was declared absconding. On 29.04.2011, the applicant surrendered and accordingly, he was once again granted bail. The applicant did not improve his conduct and again absented himself on 10.06.2013 and his bail bonds were forfeited and arrest warrant was issued. accordingly, on 29.07.2013, the applicant once again appeared and he was released on bail. On 16.10.2014, the prosecution witnesses Rambai and Saroj were present but the applicant did not appear. Even an application under Section 317 of Cr.P.C was not filed. accordingly, applicant's bail bonds were canceled and arrest warrant was issued. although the applicant has surrendered before the Court on 11.01.2022 but he absented himself on three occasions and now he has surrendered after more than seven years of his abscondance.

Under these circumstances, this Court is of the considered opinion that the conduct of applicant dis-entitles him from bail but looking to the fact that he is being tried for bailable offence, therefore he can be granted one more opportunity on stringent conditions only so that he may not run away from the Court resulting in pendency of the case.

Considering the nature of offence and without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail, in case he deposits an amount of Rs.20,000/- in the Registry of this Court, which shall be utilized for upgrading the Civil Dispensary functioning within the Court premises for fighting against COVID-19 pandemic and on depositing cost of Rs.20,000/- in the Registry of this Court for running away from the criminal trial which is pending against him and on depositing the amount of bail bond executed by the applicant on the earlier occasion and on furnishing cash surety of Rs.2,20,000 (Rs. Two Lac Twenty Thousand) 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.

It is made clear that single default in appearance before the Trial Court, or in case of registration of new offence, this bail order shall automatically come to an end and the cash surety so furnished by the applicant shall automatically stand forfeited without any reference to the Court.

In the light of the judgment passed by the Supreme Court in the case of aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.

Certified copy as per rules.