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Judgment
Vishal Mishra, J
This is the sixth bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail. Earlier bail application has been rejected vide order dated 12.11.2021 passed in Mcrc No. 53995/2021.
The applicant has been arrested on 11.07.2020 by Police Station Mungaoli, District Ashok Nagar (M.P.) in connection with Crime No.229/2020 for the offence punishable under Sections 302, 34 of IPC.
It is pointed out that at the time of rejection of earlier bail application on 12.11.2021 in M.Cr.C. No. 53995/2021 liberty was extended to the applicant to repeat the same after statement of Narayan, Sonu and Golu. All the three witnesses have been examined and they have not supported prosecution story. Even, statement of so-called last seen witness Brijesh Kewat has been recorded and he has also not supported the prosecution story. The statement of Bhaiyalal has been recorded and he has also been declared hostile in the matter. He is in custody since 11.07.2020. He is first offender. He is ready to abide by all the terms and conditions that has been imposed by this Court. He prays for grant of bail.
Per contra, learned counsel appearing for the State has vehemently opposed the prayer but fairly submits that all the material witnesses have been examined before the trail Court and they have not supported the story of prosecution and only police witnesses and doctor are to be examined and he is a first offender.
Considering the overall facts and circumstances of the case, allegation against the applicant and looking to her custody period, without commenting upon the merits of the case, this application is allowed subject to verification of the fact that he is a first offender. The applicant be released on bail on furnishing surety bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of trial Court.
This order will remain operative subject to compliance of the following conditions by the applicants :-
The applicant will comply with all the terms and conditions of the bond executed by him;
The applicant will cooperate in the investigation/trial, as the case may be;
The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
The applicant shall not involve any other offence, in case the applicants indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled.
The applicant will not seek unnecessary adjournments during the trial;
The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
If the applicant is found involved in any case except present one, his bail shall stand rejected without any reference to the Court;
The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same.
Application stands allowed and disposed of.
Certified copy as per rules.