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Judgment
This is the first bail application under Section 439 of Cr.P.C. filed by petitionersâ€"Rajaram, Manfool and Mahendra in Crime No.281/2019
registered at Police Stationâ€"Pachore, Districtâ€"Rajgarh under Sections 380 and 457 of IPC.
According to the prosecution case, present FIR was lodged by Krishnavallabh Pandey regarding theft of his Hero Honda motorcycle bearing
No.MP-39-MP-8842 on 10.07.2019 stating that some unknown miscreants have stolen his motorcycle from his house on 04.07.2019. The matter was
pending for investigation before the police. During investigation on 11.07.2019 police cordoned some suspects, but they managed to escape leaving
behind two motorcycles. They were seized by the police under Sections 41(1) and 102 of Cr.P.C. One of them was found stolen property of present
crime.
Matter was still remained pending to trace the culprits. The present petitioners were arrested by the police in some other crime on 08.08.2019. On
interrogation, they admitted the crime committed by them in the present case and further admitted that they are the persons, who left the motorcycles
behind on 11.07.2019, therefore, the police impleaded them in the present case and arrested them in this case also.
Objection of the prosecution is that the petitioners have criminal record. Earlier Crime No.265/2019 under Sections 457 and 380 IPC in respect of
theft of a mobile phone, Crime No.127/2019 under Sections 457 and 380 IPC and Crime No.170/2019 under Sections 457 and 380 IPC were
registered in respect of theft of some silver ornaments at Police Stations â€" Pachore, Khujner and Chhapikheda, respectively. They are habitual
criminals, therefore, they be not granted bail.
Having regard to the peculiar facts of the present case and the basis upon which the petitioners have been impleaded in the present case, I deem it
appropriate to allow the bail application, therefore, without commenting on merits of the case, the application is allowed.
It is directed that the petitioners Rajaram S/o Biram Bhil, Manfool S/o Ramprasad and Mahendra S/o Biram Bhil be released from custody on their
furnishing a personal bond in the sum of Rs.20,000/-(Rupees Twenty Thousand Only) each with separate sureties to the satisfaction of the Trial Court
for their appearance before the Trial Court as and when required further subject to the following conditions :-
(I) The petitioners shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial.;
(ii) The petitioners shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade him
from disclosing truth before the Court;
(iii) The petitioners shall not commit any offence or involve in any criminal activity;
(iv) In case of their involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be
cancelled.