The court has the discretion to grant bail under Section 439 of the Code of Criminal Procedure, considering the facts and circumstances of the case, including the age and criminal history of the accused.

Headnote:
Bail - Criminal Procedure Code - Section 439 - The court granted bail to the applicant accused of theft of an e-rickshaw, considering his young age and lack of criminal history, while imposing conditions to ensure his presence and compliance with the investigation.
Fact of the Case:

The applicant, Sunil Sahu, was arrested in connection with the theft of an e-rickshaw. The e-rickshaw was recovered at the instance of a co-accused, Ashiq Khan. The applicant was charged under Section 379 of the Indian Penal Code.
Finding of the Court:

The court, considering the young age of the applicant and the lack of any criminal history, was inclined to grant him bail, subject to certain conditions to ensure his presence and compliance with the investigation.
Issues: Whether the applicant should be granted bail in the theft case, considering the circumstances of the case.
Ratio Decidendi: The court granted bail to the applicant, taking into account his young age and lack of criminal history, while imposing conditions to ensure his presence and compliance with the investigation.
Final Decision: The court allowed the bail application and directed that the applicant, Sunil Sahu, be released on bail in relation to the theft case, upon furnishing a personal bond of Rs. 50,000 with one solvent surety of the same amount, subject to certain conditions.

ORDER

This first application has been filed by applicant under section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.351 of 2024 registered at Police Station Dabra, District Gwalior (M.P.) for offence punishable under Section 379 of IPC. Applicant is in judicial custody since 03-05-2024 (as per arrest memo).

As per the case of prosecution, Ashok Sharma reported to SH), PS Dabra that his e-rickshaw (Tum-Tum) bearing registration no.MP 07-RA-1113 was stolen in the intervening night of 30/01-05-2024. Ashiq Khan, son of Wahid Khan was taken into custody. He informed that he along-with his associates Amir Khan, Sunil Sahu (applicant) and Jitendra Kushwah has stolen e-rickshaw.

Police intercepted him. E-rickshaw was recovered at the instance of Ashiq Khan. Applicant was arrested on 03-05-2024. One battery of e-rickshaw was recovered at his instance. Investigation is underway. Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant has been falsely implicated in this matter merely on the basis of statement of co-accused Ashiq Khan. Ashiq Khan has been extended the benefit of bail by the trial Court but the applicant was declined the benefit of bail despite identity of prosecution against both the accused. Applicant is aged around 19 years. He is labourer by profession. There is no likelihood of his absconsion leaving his family, home and profession. There is no likelihood of tampering with evidence by the applicant. The trial would take time to conclude. Therefore, applicant may be extended the benefit of bail.

Per contra, learned Counsel for the State opposes the bail application on the ground of gravity of alleged offence and cites criminal history of two cases against the applicant.

In reply, learned Counsel for the applicant submits that other matters have been registered relating to theft of e-rickshaw only. Applicant has been extended the benefit of bail in other matters and has never been convicted.

Heard learned counsel for the parties and perused the case diary.

Considering the arguments advanced by both the parties and overall circumstances of the case, regard being had to the young age of the applicant, but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed. Accordingly,it is directed that applicant - Sunil Sahu shall be released on bail in relation to Crime No.351 of 2024 registered at Police Station Dabra, District Gwalior (M.P.) for offence punishable under Section 379 of IPC, upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand Only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions,:(For convenience of understanding by accused and surety, the conditions of bail are also reproduced in Hindi as under):-

(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

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