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Judgment
Heard.
This is the first bail application under Section 438 of the Code of Criminal Procedure filed by the accused/applicants for grant of anticipatory bail in connection with Crime No.68/2023 registered at Police Station Pipariya, Dist. Kabirdham (CG), for the offence punishable under Sections 294, 506 Part-II, 452, 34 of the Indian Penal Code and Sections 25 & 27 of the Arms Act.
Case of the prosecution, in brief, is that the complainant namely; Rahul Dewangan lodged a report alleging that on 5-2-2023 at about 10.30 am the accused persons entered into his shop and started abusing him in filthy language. He also alleged that the co-accused Ayush Agrawal was having sword in his hand.
Learned counsel appearing for the applicants would submit that the applicants are innocent persons and they have been falsely implicated in the crime in question. In fact, there is no direct allegation against the applicants and even no seizure has been made from the possession of the present applicants. Thus, they may be extended the benefit of Section 438 of the Cr.P.C.
Per contra, learned counsel for the State would oppose the bail application.
Having heard learned counsel for the parties, having regard to the facts and circumstances of the case and considering the fact that nothing has been seized from the possession of the present applicants, without commenting anything on the merits of the case, I am inclined to release the applicants on anticipatory bail.
Accordingly, the application is allowed and it is directed that in the event of arrest of the applicants, on each of them furnishing a personal bond in the sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the concerned Court, they shall be released on bail on the following conditions:-
(a) they shall make themselves available for interrogation by a police officer as and when required;
(b) they 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 him from disclosing such fact to the Court or to any police officer;
(c) they shall not act in any manner which will be prejudicial to fair and expeditious trial;
(d) they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial; and
(e) they shall not involve themselves in any offence of similar nature in future.
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