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Judgment
G.S. Ahluwalia, J
This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 09.10.2021 in connection with Crime No.66/2020 registered by Police Station â€" Bhander, District Datia for
offence punishable under Sections 392 of IPC and Section 11/13 of MPDVPK Act.
It is submitted by Counsel for the applicant that according to the prosecution case, three unknown persons took away the tractor of complainant after
offering some soft drink mixed with narcotic substance. The applicant is in jail from 09.10.2021. The tractor has been seized from the co-accused and
according to the prosecution case, only the document pertaining to the registration of tractor has been seized from the possession of applicant. In view
of the criminal antecedent, applicant is ready and willing to abide by any stringent condition which may be imposed by the Court. The trial is likely to
take sufficiently long time and there is no possibility of his absconding or tampering with prosecution case.
Per contra, the application is opposed by Counsel for the State.
It is submitted that the RC book of the tractor has been seized from the possession of applicant but it is fairly conceded that the Test Identification
Parade has not been conducted so far. The applicant has criminal history and two more criminal cases have been registered against him including one
under Section 411 of IPC.
Considering the period of detention coupled with the fact that the tractor has not been seized from the possession of the applicant and in view of the
criminal antecedents of the applicant, the bail can be granted only on stringent condition.
Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that in case, if the applicant deposits an amount of
Rs.15,000/- in the Registry of this Court for utilization of the same for the up-gradation of the Civil Dispensary functioning in the Court premises for
fighting against Covid-19 Pandemic and on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like
amount to the satisfaction of the Trial Court/Committal Court, he shall be released on bail for his appearance before the concerning Court on the dates
given by the concerned Court.
It is further directed that the applicant shall appear before the
S.H.O. Police Station Bhander, District Datia on 1st of every month during the pendency of the Trial. In case of bail jump or non- appearance of the
applicant before the police station as directed by this Court, this order shall lose its effect.
In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal
Appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.
Certified copy as per rules.