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Judgment
The applicant has filed this second application under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 20.12.2019 in connection with Crime No.45/2015 registered at Police Station, Kumbhraj, District Guna, for the offence punishable under Sections 420, 467, 468, 471 and 409 of IPC. First application has been dismissed as withdrawn.
It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 20.12.2019, whereas charge-sheet has already been filed. Matter mainly revolves around documentary evidence, and therefore, chance of tampering with evidence/witness is remote. It is further submitted that applicant has no criminal record and prime accused is Vivek Sood who was instrumental in transfer of amounts from different accounts of account holders of bank of India. Confinement amounts to pretrial detention. He undertakes to cooperate in trial and would not be a source of embarrassment/harassment to the complainant party in any manner. He undertakes to perform community service to purge his misdeeds, if any.
Learned Panel Lawyer for the State opposed the prayer and prayed for dismissal of the application.
Considering the submissions advanced, looking to the facts and circumstances of the case, but without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with two solvent sureties of the like amount to the satisfaction of Trial Court concerned.
This order will remain operative subject to compliance of the following conditions by the applicant:-
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