Granting bail with stringent conditions based on breach of bail conditions and overall circumstances of the case.

ORDER

IA No. 5971/2024, an application for taking documents on record is allowed. The documents are taken on record. This second bail application has been filed by applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.391/2019 registered at Police Station Basoda City, District Vidisha (M.P.) for offence punishable under Section 34(2) of MP Excise Act. Applicant is in judicial custody since 17/02/2024.

The factual scenario as revealed by record, applicant was earlier extended the benefit of bail by Coordinate Bench of this Court vide order dated 03/07/2019 passed in MCRC No. 26613 of 2019. He remained absent before the trial Court on 12/03/2020 during trial, therefore, arrest warrant was issued against him. Due to non execution of arrest warrant, permanent arrest warrant was issued against him on 22/08/2023. Thereafter, the applicant was arrested on 17/02/2024, he is in custody ever since.

Learned Counsel for the applicant submits that he went outside in search of job so, on 12/03/2020 he was unable to attend the Court hearing. His bail bond was cancelled and arrest warrant was issued on 12/03/2020. Due to non execution of arrest warrant, permanent arrest warrant was issued against him on 22/08/2023. applicant was arrested on 17/02/2024, he is in custody ever since. Learned Counsel further submits that no criminal antecedent is reported against applicant. Applicant is a labourer by profession and is permanent resident of Basoda, District Vidisha (M.P.). He has learnt a lesson in hard way, therefore, there is no likelihood of his absconsion leaving his family and home. There is no likelihood of tampering with evidence. Applicant is ready to comply with the stringent conditions which may be imposed by this Court. On these grounds, learned counsel for the applicant prays for grant of bail.

Per contra, learned Counsel for the State opposes the prayer for grant of bail while submitting that applicant had breached conditions of bail and thus, he is not entitled to the benefit of bail.

Heard learned learned counsel for the parties, Considering the arguments advanced by both the parties and overall circumstances of the case, but without commenting on merits, this Court is inclined to release the applicant on bail, however, with certain stringent conditions.

Accordingly, the application is allowed and it is directed that applicant ASHISH @ SATYAM shall be released on bail in relation to connection with Crime No.391/2019 registered at Police Station Basoda City, District Vidisha (M.P.) for offence punishable under Section 34(2) of MP Excise Act, upon furnishing a fresh personal bail bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety in the like amount to the satisfaction of the Trial Court, for compliance with the following conditions:-

(1) Applicant shall remain present on every date of hearing as may be directed by the concerned court;

(1) vkosnd lacaf/kr U;k;ky; ds funZs'kkuqlkj lquokbZ dh izR;sd frfFk ij mifLFkr jgsxkA (2) Applicant shall not commit or get involved in any offence of similar nature;

(2) vkosnd leku izd`fr dk dksbZ vijk/k ugha djsxk ;k mlesa lfEefyr ugha gksxkA (3) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the police officer;

(3) vkosnd izdzj.k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku] /kedh ;k opu ugha nsxk] ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh dks izdV djus ls fuokfjr gksA (4) Applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness;

(4) vkosnd izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k

lkf{k;ksa dks cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha djsxkA (5) During trial, the applicant shall ensure due comp