The court has the discretion to grant bail to an accused, considering the facts and circumstances of the case, and can impose reasonable conditions to ensure a fair trial.

Headnote:
Bail - Criminal Procedure Code - Sections 399, 400, 402 of IPC, Sections 25-B and 25/27 of Arms Act - Applicant granted bail on furnishing personal bond and surety, with conditions to ensure fair trial
Fact of the Case:

The applicant, Paras Pardi, was arrested in connection with Crime No.20 of 2024 registered at Police Station Naisarai, District Ashoknagar (M.P.), for offences punishable under Sections 399, 400, 402 of IPC and Sections 25-B and 25/27 of Arms Act. The applicant was apprehended along with two others during a police raid based on secret information about a planned dacoity. Incriminating items were recovered from the possession of the accused persons. The applicant has been in judicial custody since 16.02.2024.
Finding of the Court:

The court, considering the arguments of both parties and the overall circumstances of the case, but without commenting on the merits, is inclined to release the applicant on bail upon furnishing a personal bond of Rs.50,000/- with one solvent surety of the same amount, subject to certain conditions to ensure fair trial.
Issues: Whether the applicant should be granted bail in the given case.
Ratio Decidendi: The court has considered the arguments of the parties, the criminal history of the applicant, and the overall circumstances of the case, and has decided to grant bail to the applicant, subject to certain conditions, to ensure the fair trial.
Final Decision: The application for bail is allowed. The applicant, Paras Pardi, shall be released on bail in relation to Crime No.20 of 2024 upon furnishing a personal bond of Rs.50,000/- with one solvent surety of the same amount, subject to the specified 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.20 of 2024 registered at Police Station Naisarai, District Ashoknagar (M.P.), for offence punishable under Sections 399, 400, 402 of IPC and Sections 25-B and 25/27 of Arms Act. Applicant is in judicial custody since 16.02.2024. As per the case of prosecution, Sub-Inspector Ashutosh Gupta of PS- Naisarai, Ashoknagar received secret information that some assailants are planning dacoity at Kushwah mohalla. Sub-Inspector Gupta conducted a raid at Kushwah mohalla. Dwarpal @ Sandeep, Sahil Pardi and Paras Pardi (applicant) were apprehended on spot. One countrymade gun, two live cartridges, one knife, hammer and rope were recovered from possession of accused Dwarpal @ Sandeep. One gulel, screwdriver and torch were recovered from possession of Paras Pardi and one knife, iron rod, pliers and a motorcycle were recovered from Sahil. PS- Naisarai, Ashoknagar registered FIR at Crime No.20/2024 for offence punishable under Sections 399, 400, 402 of IPC and Sections 25-B and 25/27 of Arms Act against Dwarpal, Paras and Sahil. Applicant was arrested on spot, he is in custody ever since. Statements of witnesses have been recorded. 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 suspicion. No offence as alleged is made out against the applicant. Learned Counsel further submits that the applicant is aged 21 years. He is a labourer by profession. There is no likelihood of his absconsion leaving his family, home. There is no likelihood of tampering with evidence by the applicant. No further custodial interrogation is needed. 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 and cites criminal history of two cases against the applicant.

In reply, learned counsel for the applicant submits that applicant was granted benefit of bail in other two matters. Other matters are pending for trial. Applicant 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, 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- Paras Pardi shall be released on bail in relation to Crime No.20 of 2024 registered at Police Station Naisarai, District Ashoknagar (M.P.), for offence punishable under Sections 399, 400, 402 of IPC and Sections 25-B and 25/27 of Arms Act, 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

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