The court granted bail under Section 439 of the Cr.P.C. considering the applicant's circumstances and the absence of likelihood of absconding, subject to compliance with specific conditions.

This is Second application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail relating to FIR No. 594 of 2011 registered at Police Station Ambah, District Morena (M.P.) for the offence under Sections 395, 397 of IPC and section 11/13 of MPDVPK Act. First bail application was allowed by this Court vide order dated 20/06/2012 passed in M.Cr.C.No. 2648/2012. This is a case of bail jump.

Earlier the applicant was granted bail on 20/06/2012, however, during the course of trial, he remained absent before the trial court on a fixed date i.e. on 25/07/2022 and thereafter, he was produced before the trial court on 24/11/2023 through production warrant and since then he is in jail.

Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated. He further submits that absence of the applicant before the trial court is bonafide as he was under custody in some other criminal case, therefore, he could not appear before the trial court on the fixed date. He further argued that applicant is the only earning member of his family. The applicant is in custody since 24/11/2023 i.e. for almost four months. The applicant is permanent resident of District Gwalior. To show his bonafide, the applicant is ready and willing to deposit an amount of Rs. 5,000/- before the trial court from his previous bond. Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, he prays for grant of bail to the applicant.

Per contra, learned counsel for the State vehemently opposed the bail application and prayed for its dismissal.

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

Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that Rs. 5,000/-(Rupees Five Thousand Only) b e forfeited from previous personal bond of the applicant and on furnishing fresh bail bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with two local solvent sureties in the like amount to the satisfaction of the trial Court, he should be released on bail.

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;

) 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 him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4 ) The applicant will not commit any other offence or will not repeat the offence in future. In case, if he/she is found involving in the offence of the same nature, this bail order shall stand cancelled automatically without further reference to the Bench.

5) The applicant will not seek unnecessary adjournments during the trial; and 6 ) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.