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Judgment
Heard.
The applicant has filed this first bail application under section 439 of the Cr.P.C. for grant of bail.
The applicant is in custody since 16.08.2020 in connection with Crime No. 151/2020 registered at Police Station Rangnath Nagar, District Katni (M.P.) for the offence punishable under Section 25 of the Arms Act.
As per prosecution, a 12 inch knife has been found in the possession of the present applicant.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. There is no allegation against him for using the said knife. He further invited the attention of this Court to the copy of the judgment filed along with this petition showing that in all the cases which were registered against him, he has been acquitted.
Learned Panel Lawyer for the respondent/State has fairly submits that the allegation against the present applicant is only for keeping the knife. The applicant has not used the same for committing any offence. However, he submits that there are previous criminal antecedents against the present applicant.
On due consideration of the case diary, the statement recorded and the judgments filed along with this petition, this application is allowed.
It is directed that applicant Golu @ Deepak shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for his presence before the said Court on all the dates of hearing fixed in this regard during the trial.
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 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 applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench.
The applicant will not seek unnecessary adjournments during the trial; and
The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt. during release, travel and residence of the petitioner during period of bail as a consequence of this order.
A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Mr. Kaustub Singh, learned Panel Lawyer, on their respective e-mail address, for intimation to the Police Station concerned. The office is also directed to forward a copy of this order to the learned Court below.
Certified copy/e-copy as per rules/directions.
