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Judgment
The applicant has filed second repeat bail application u/S 439, Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Kampoo, District Gwalior in connection with Crime No.450/2015 registered in relation to the offences punishable u/Ss. 347/34 of IPC and u/Ss.11 and 13 of MPDVPK Adhiniyam.
Learned Public Prosecutor 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.
Applicant is alleged with offence of wrongfully restraint in regard to which this Court had granted benefit of bail to the applicant on 30.10.2015 whereafter the applicant remained absent on 05.03.2016 before the trial Court as a result of which her bail bonds were cancelled but she could be arrested as late as on 01.08.2018 and she is in custody since then.
Considering the fact that the applicant is a woman aged about 20 years and that the early conclusion of the trial is a bleak possibility and prolonged pre-trial detention is anathema
to the concept of liberty and that there are no criminal antecedents of the applicant and the material placed on record does not discloses the possibility of the applicant fleeing from justice, this Court is inclined to extend the benefit of bail to the applicant.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of with two solvent sureties, eachRs.50,000/of- (Rs. Fifty, Thousand)tothesatisfaction of the concerned trial CourtRs..25,000/-
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 will cooperate in the investigation/trial, as the case may be;
The applicant will not indulge herself 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 applicant shall not commit an offence similar to the offence of which she is accused;
The applicant will not seek unnecessary adjournments