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Judgment
The applicant has filed this third application under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 31-7-2019 in
connection with Crime No.156/2019 registered at Police Station, Bhonti, District Shivpuri, for the offence punishable under Sections 436, 427 of IPC
and Section 9(B) of the Explosives Act. First application (M.Cr.C.No.50936/2019) was dismissed vide order dated 9.12.19 and second application
(M.Cr.C.No.54087/2019) was dismissed as withdrawn vide order dated 6.1.2020.
It is the submission of learned counsel for the applicant that he is suffering confinement since 31.7.2019 on false pretext. Only allegation against the
applicant is that he caused explosion at the complainant's place, but said fact has been surfaced in the investigation on the basis of memo under
Section 27 of the Evidence Act which is not permissible in the eyes of law and cannot be used for implication of applicant. He does not bear any
criminal record, and therefore, confinement since 31.7.2019 when charge-sheet has already been filed amounts to pre- trial detention. He undertakes
to cooperate in trial and to perform community service. Thus, prayed for bail.
Learned Public Prosecutor for the State opposed the prayer and prayed for dismissal of the application.
Considering the submissions advanced, looking to the facts and circumstances of the case, but without commenting on the merits of the case, the
application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One
Lac Only) with one solvent surety of the like amount to the satisfaction of Trial Court concerned.
This order will remain operative subject to compliance of the following conditions by the applicant:-
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Certified copy as per rules.