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Judgment
Learned counsel for the rival parties are heard.
This is second repeat bail application u/S.439 of the Cr.P.C. filed by the applicants for grant of bail after rejection of earlier one as withdrawn without being considered on merits vide order 24/12/2019 passed in M.Cr.C.No.51758/2019 with liberty to come again after completion of investigation.
The applicants have been arrested on 16/10/2019 by Police Station-Raon, District-Bhind in connection with Crime No.200/2019, registered in relation to the offence punishable u/Ss.392 of IPC and u/Ss.11/13 of MPDVPK Act.
Learned Panel Lawyer for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.
Applicants are alleged with robbery arising out of theft of a bag containing one Lakh rupees.
New ground raised by learned counsel for the applicants that investigation in the matter is over by filing of charge-sheet before the trial Court and therefore, further custodial interrogation of the applicants may not be necessary and no purpose would be served to continue incarceration of the applicants.
Applicant No.1-Rahul has not been identified in the TIP held on 06/12/2019 whereas applicant No.2-Hetram has been identified by the complainant.
Though the TIP has led to recognition of applicant No.2-Hetram but that has held more than two months after the arrest of the applicants, therefore, possibility of applicant having been recognized during interregnum period cannot be ruled out thereby rendering probative value of the TIP doubtful.
In view of above and considering the fact that applicants are in custody since 16/10/2019 and that early conclusion of the trial is a bleak possibility and that prolonged pre-trial detention being an anathema to the concept of liberty and material placed on record does not disclose possibility of applicant fleeing from justice, this Court is though inclined to extend the benefit of bail to the applicants but with certain stringent conditions in view of criminal antecedents.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicants be released on bail on furnishing a personal bond, in case of each of them, in the sum of Rs.50,000/- (Rs. One Lakh Only) with two solvent sureties each of Rs.50,000/- to the satisfaction of the concerned Trial Court.
This order will remain operative subject to compliance of the following conditions by the applicant :-
The applicants will comply with all the terms and conditions of the bond executed by them;
The applicants will cooperate in the investigation/trial, as the case may be;
The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;
The applicants shall not commit an offence similar to the offence of which they are accused;
The applicants will not seek unnecessary adjournments during the trial; and
The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
The applicants shall mark his appearance before the concerned trial court once in a fortnight till conclusion of trial.
The applicants shall render community service at the hospital/Community Health Centre/Primary Health Centre situated at or in the vicinity of village/Tahsil of residence of the applicant from 10 am to 02 pm (fours hours) daily till the conclusion of trial.
The nature of community service shall be decided and allotted in writing by the CMO/Head of the hospital/Community Health Centre/Primary Health Centre situated in close vicinity to the place of residence of applicants. Compliance of this condition shall be ensured and verified by issuing certificate to be jointly signed by head of hospital/Community Health Centre/Primary Health Centre and Sarpanch/Councilor of the Gram Panchayat/Municipality concerned. This certificate shall be filed before the Registry of this Court once every month.
It is made clear that in case the applicants are found to be absent in rendering the community service, intimation in that regard shall be given by the head of hospital/Community Health Centre/Primary Health Centre to the SHO of the Police station concerned who in turn shall intimate the Registry of this Court.
On receipt of any such complaint the case shall be put up before the Bench as PUD.
Registry is directed to communicate this order to the Superintendent of Police, Bhind for onward communication to the Hospital/Community Health Centre/Primary Health Centre for ensuring compliance.
A copy of this order be sent to the Court concerned for compliance.