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Judgment
Learned counsel for the rival parties are heard.
The petitioner has filed this first application u/S. 439 of Cr.P.C. for grant of bail.
The petitioner has been arrested on 21.11.2019 by Police Station Dehat Bhind (M.P.) in connection with Crime No.102/2019 registered in relation to
the offences punishable u/Ss.457, 380, 411 IPC and u/Ss. 25(1) (A), 5/26(2)(A) of Arms Act.
Learned Panel Lawyer for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the
material available on record, no case for grant of bail is made out.
Petitioner who has no criminal antecedents is alleged with house trespass during night and theft from dwelling house along with other allegation of
purchasing stolen firearm which were stolen by the co-accused from Malkhana Police Station Dehat Bhind. Similarly placed co-accused Bhure Singh,
Sonu Sharma and Lakhan Singh @ Rajkumar Singh @ Lalu have been extended the benefit of bail on 04.02.2020 in Mcrc.4500.2020, Mcrc.3350.2020
and Mcrc.3428.2020 respectively. Charge-sheet has been filed.
Considering the above facts and that since investigation in the matter is over by filing of charge-sheet, therefore further custodial interrogation may not
be necessary coupled with further facts that early conclusion of the trial is bleak possibility and prolonged pre-trial detention is anathema to the
concept of liberty and the material placed on record does not disclose possibility of the petitioner fleeing from justice, this Court is inclined to extend
the benefit of bail to the petitioner but with certain stringent conditions looking seriousness of offence.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the petitioner be released on bail on
furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with two solvent sureties each of Rs. 25,000/-to the satisfaction of the
concerned Trial Court.
This order will remain operative subject to compliance of the following conditions by the petitioner :-
The petitioner will comply with all the terms and conditions of the bond executed by him;
The petitioner will cooperate in the investigation/trial, as the case may be;
The petitioner 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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
The petitioner shall not commit an offence similar to the offence of which he is accused;
The petitioner will not seek unnecessary adjournments during the trial; and
The petitioner will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
The petitioner shall mark his presence before the trial court once every fortnight till conclusion of trial.
In addition to above, petitioner is also directed to render community service for whole day once every week of such nature as decided and allotted
by the Chairman/Collector of the District Unit of Red Cross Society of the district within whose territorial jurisdiction the petitioner resides. The work
so allotted shall be in close vicinity to the residence of the petitioner.
Compliance report qua this condition be submitted by the Chairman/Collector of the District Unit of Red Cross Society of the concerned district to the
Registry of this Court.
It is made clear that in case petitioner is found to be absent in rendering the community service, intimation in that regard shall be given by the
Chairman/Collector of the District Unit of Red Cross Society of the concerned district to the SHO of the Police station concerned who in turn shall
intimate the Registry of this Court. On receipt of any such complaint the matter shall be put up before the Bench in shape of PUD by the Registry.
Registry is directed to communicate this order to the Chairman/Collector of the District Unit of Red Cross Society of the concerned district for
compliance.
A copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.