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Judgment
Heard on I.A.No.9184/2019, an application filed under Section 301 (2) of the Cr.P.C. for assisting the Government Advocate.
For the reasons mentioned application, same is allowed and Shri Rajesh Kumar Shukla, Advocate and his associates are permitted to assist the learned Public Prosecutor. Also heard on M.Cr.C.
The applicant has filed this first anticipatory bail application under Section 438 of Cr.P.C.
The applicant is apprehending his arrest in connection with Crime No.572/2019 registered at Police Station City Kotwali, District Bhind for the offences punishable under Sections 306 of IPC.
It is submitted by the learned counsel for the applicant that the applicant has falsely been implicated in the matter. He has not committed any crime. There is no direct allegation against the present applicant. The deceased died as she was not able to qualify the competitive exam. Due to previous enmity the name of the applicant has been implicated in the present case. Under these circumstances, prayed for benefit of anticipatory bail.
Learned Panel Lawyer for the State and learned counsel for the complainant opposed the bail and prayed for rejection of this application.
Heard learned counsel for the parties and perused the case diary. Considering the submissions advanced, looking to the facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court deems it appropriate to allow this application under Section 438 of Cr.P.C. filed by the applicant in the following terms.
It is hereby directed that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond of Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety to the satisfaction of Arresting Officer/Investigating Officer.
This order will remain operative subject to compliance of the following conditions by the applicant :-
The applicant will comply with all the terms and conditions of the bond executed by him;
The applicant shall make himself available for interrogation by a police officer as and when required. He shall further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C..
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 from disclosing such facts to the Court or to the Police Officer, as the case may be ;
The applicant shall not commit an offence similar to the offence of which he is accused;
The applicant will not seek unnecessary adjournments during the trial; and
The applicant will not leave India without previous permission of trial Court/ Investigating Officer, as the case may be.
A copy of this order be sent to the Court concerned for compliance as well as copy of the order be given to the learned Panel Lawyer with a direction to keep the same in the concerned case diary.
Certified copy as per rules.