Granting bail based on the applicant's custody since the date of arrest and the likelihood that he would not hinder the trial.

JUDGMENT

Rajeev Kumar Dubey, J. - This is the second application under Section 439 of the Cr.P.C. for grant of bail. applicant Vinod Kumar Nemdev was arrested on 17/1/2022 in connection with Crime No.705/2020 registered at Police Station Waidhan, District Singrouli (MP) for the offence punishable under Sections 399, 402 of the IPC and Section 25(1)(B) of the arms act..

It appears from the record that the applicant is facing trial in S.T.No.53/2020 pending before Fifth additional Sessions Judge, Waidhan, District-Singrouli (MP) for the offence punishable under Sections 399, 402 of the IPC and Section 25(1)(B) of the arms act. Earlier, the coordinate Bench of this Court granted bail to the applicant vide order dated 09/12/2020 passed in M.Cr.C. No.44640/2020 but during trial of the case on 15/3/2021 applicant did not appear before the trial Court, so the learned trial Court forfeited the bail bond of applicant and issued arrest warrant against him for securing his presence before the Court. Thereafter, applicant surrendered before the trial Court on 17/1/2022 . On that, learned trial Court sent him into judicial custody and since then the applicant is in judicial custody. Thereafter, applicant filed bail application before the trial Court, which was rejected by the trial Court vide order dated 17/1/2022.

Learned counsel for the applicant submitted that due to unavoidable reasons, the applicant could not appear before the trial Court on the date fixed for his appearance. The applicant has been in custody since 17/1/2022 and conclusion of trial will take time, hence prayed for release of the applicant on bail.

Learned counsel for the respondent/State opposed the prayer. Looking to the facts and circumstances of the case and the fact that the applicant has been in custody since 17/1/2022, so he learnt the lesson and is unlikely to hinder the progress of the trial again, so without commenting anything on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court.

Learned trial Court is free to forfeit such amount from his personal bonds and bail bonds as may be deemed fit after following the due procedure. The order shall 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 trial;

3. The applicant will not indulge himself in extending inducement, threat o r promise to any person acquainted with the facts of the case so as to dissuade him 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;

and

6. The applicant will not leave India without prior permission of the trial Court.

C.C. as per rules.