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Judgment
Vishal Dhagat, J
This is second bail application filed by applicant under Section 439 of Cr.P.C. for grant of regular bail relating to FIR No.238/2022 registered at Police Station-Doraha, District-Sehore (MP) for the offence under Sections 302, 307, 323, 294, 324, 506 & 34 of IPC & 25 of Arms Act.
Learned counsel appearing for the applicant submitted that co-accused namely one Nakul @ Nikhil Meena was enlarged on bail vide order dated 21.02.2024 in M.Cr.C.No.6763/2024. Case of applicant is also similar to that of co-accused person. It is submitted that applicant is in jail since 26.12.2022. He may also be granted benefit of bail.
Learned Government Advocate appearing for the State opposed the bail application. It is submitted that offence committed by applicant is heinous in nature.
Heard learned counsel for the parties.
Co-accused Nakul @ Nikhil Meena was enlarged on bail on on the ground that he was in jail since 26.12.2022. He is young man aged about 19 years, all eye-witnesses have been examined in Court and there is no likelihood of completion of trial in near future. Applicant is also in jail since 26.12.2022. All the eye-witnesses have been examined and now there is no chances that applicant will be able to influence witnesses of the case. There are total 34 witnesses in the case and out of 34 witnesses, only 5-6 witnesses have been examined and there is no likelihood of completion of trial.
Considering the aforesaid facts and circumstances of the case and also on grounds of parity, bail application filed by the applicant is allowed. It is directed that the applicant shall be released on bail on furnishing personal bond in the sum of Rs.50,000/- (Rupees fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned for his regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial.
The applicant shall also abide by the following conditions of Section 437(3) of Cr. P. C. as under:-
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;
(b) that such person shall not commit any offence similar to the offence of which she is accused, or suspected of the commission of which she is suspected and;
(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
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