ORDER

This is the first bail application filed by the petitioner-accused under Section 439 of Cr.P.C. for grant of bail who is in custody since 17.5.2022 in connection with Crime No.650/2021, registered at Police Station-Nepanagar, District Burhanpur (M.P.) for the offence punishable under Sections 395, 397, 34 of IPC.

2 . The case of the prosecution, in short, is that in the night of 27.7.2021, some unknown miscreants who had covered their faces by handkerchief, blocked the Highway by placing a log and started robbing the people passing by. Under the threat of life, they robbed Sachin, his driver Akash and Mayur Malgujar, his wife Namrata, driver Azgar Khan and Head Constable Ravi Jaiswal. They snatched Rs.30,000/- from Sachin, Rs.3,000/-, a silver ring, a gold ear drop from Akash, a Mangalsutra, a silver anklet from Namrata; a mobile handset from Azgar; Rs.3,000/- from Mayur, and Rs.5,000/- and a mobile handset of OPPO company from Ravi Jaiswal. They also beat them. They also detained Constable Shyamlal and Head Constable Ravi Jaiswal.

3 . The ld. for the petitioner submitted that the petitioner has been implicated only on the basis of memorandum statement of co-accused persons and nothing incriminating has been recovered from the possession of the petitioner.

4 . The ld. Public Prosecutor opposed the bail and submitted that petitioner has as many as four criminal records including the present one.

5 . Considering all these facts and circumstances of the case, more particularly that co-accused Mohan @ Dongar Singh and Rameshwar have been enlarged on bail vide order dated 10.12.2021 in M.Cr.C Nos. 59287/2021 and 59280/2021 respectively, I deem it appropriate to allow the bail petition of the petitioner, therefore, without commenting on the merits of the case, the petition is allowed.

6 . It is directed that the petitioner Naru @ Narsingh be released from custody on his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with separate solvent surety of the like amount to the satisfaction of the trial Court for his appearance before the trial Court as and when required, further subject to the following conditions :-

(i) The petitioner shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial;

(ii) The petitioner shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade them from disclosing truth before the Court;

(iii) The petitioner shall not commit any offence or involve in any criminal activity;

(iv) In case of his involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be cancelled.

(VIRENDER SINGH) JUDGE vivek