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Judgment
Deepak Kumar Agarwal, J
This is the second bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
The applicant is in custody since 01-02-2023 in connection with Crime No.99 of 2021 registered at Police Station Kahriya, District Gwalior for offence under Section 394 of IPC read with Section 11/13 of MPDVPK Act.
Present is a case of bail jump where initially, benefit of bail was extended to the applicant by this Court vide order dated 21-12-2021 passed in MCRC
No. 61782 of 2021 and applicant did not appear before the trial Court on 20-05-2022 and arrest warrant was issued against him. Under execution of arrest warrant, the applicant was produced before the Court below on 01-02-2023 and since then, he is in custody.
It is submitted by counsel for the applicant that the applicant is an illiterate and, therefore, could not contact with his counsel about his appearance. It is further submitted that applicant being 51 years old person is a labourer and all his family members are dependent upon him. The applicant is now ready and willing to appear before the trial Court concerned regularly. Conclusion of trial will take some time. Hence, prayed for grant of bail.
Learned Public Prosecutor for the State opposed the application and prayed for dismissal of the application.
Heard learned counsel for both the parties.
Looking to the facts and circumstances of this case but without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes a fresh bail bond in the sum of Rs.25,000/- (Rupees Twenty Five thousand only) along with one solvent surety in the like amount to the satisfaction of trial Court, he should be released on bail. He will present during trial before the trial Court on each and every date. In case of default of appearance of applicant in future, this bail order shall stand automatically lose its effect.
Application stands allowed and disposed of.
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