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Judgment
Prakash Shrivastava, J
Heard on the question of grant of bail.
This is an application made by the applicant under Section 439 Cr.P.C. for grant of bail during trial.
Notice of this application was served on the State counsel. Case diary as per the direction of this Court has been produced and it has been perused.
The applicant is facing trial for offence punishable under Sections 380 read with Section 120-B of IPC, registered with Police Station Palsood, District
Barwani in Crime No.208/2020.
Learned counsel for the applicant submits that the applicant has been implicated only on the basis of the memorandum of co-accused Baiju and Aman
recorded under Section 27 of the Evidence Act. He further submits that no seizure has been made from the present applicant and there is also no
cogent material to show that the applicant was present on the spot at the time of the incident. He submits that the applicant has not been identified and
that the applicant is in custody since 14.09.2020, investigation is complete and challan has been filed and conclusion of trial is likely to take time. He
also submits that another offence was registered against the applicant in Crime No.293/2020 in which the Co-ordinate Bench has granted bail in
M.Cr.C.No.42674/2020 vide order dated 04.11.2020.
Learned counsel for the State has opposed the application for grant of bail by submitting that the applicant has criminal antecedents and earlier three
cases were registered against the applicant.
On perusal of the case diary and considering the circumstances of the case, I find prima facie force in the submissions made by the counsel for
applicant. Hence, I am of the considered view that the application for grant of bail deserves to be allowed and is accordingly allowed.
The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.35,000/-(Rupees Thirty Five Thousand) with one
surety in the like amount to the satisfaction of the Trial Court for his appearance as and when directed.
The applicant will attend each hearing of his trial before the Trial Court out of which this bail arises. Any default in attendance in Court would result in
cancellation of the bail granted by this Court.