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Judgment
Sunita Yadav, J
This is first application filed by the applicants under Section 439 of the Cr.P.C. for grant of bail relating to FIR No. 162 of 2022 registered at Police Station-Jigna, District Datia (M.P.) for the offence under Sections 353, 186, 332, 427, 171-G, 171-F, 147, 148 and 149 of IPC. Sec. 10/11 of M.P. Local Authorities (Electoral Offences) Act, 1964, Section 3/5 of Prevention of Damage to Public Property Act, 1984 and 11/13 of M.P.D.V.P.K. Act.
The allegation against the present applicant is of creating obstruction and undue influence in conduction of gram panchayat election.
Learned counsel for the applicants argued that the applicants are innocent and has been falsely implicated in this case. It is further argued that the FIR was registered against the unknown persons. It is further submitted that applicant is in custody since 14.9.2023. Co-accused Hari Singh Yadav and others have already been granted the benefit of bail vide order dated 16.10.2023 passed in M.Cr.C. No.45694/2023 and case of the present applicant is on similar footing with the co-accused persons; therefore, he seeks parity. There is no possibility of applicant's absconsion or tampering with the prosecution evidence On these grounds, he prays for grant of bail to the applicant.
O n the other hand, learned counsel for the State opposed the bail application and prayed for its rejection.
Heard learned counsel for the rival parties and perused the case diary available.
Considering the overall facts and circumstances of the case specially the TIP report, 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 the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with two solvent sureties of the like amount to the satisfaction of the trial Court/committal Court.
This order will remain operative subject to compliance of the following conditions by the applicant:-
1) The applicant will comply with all the terms and conditions of the bond executed by him;
2) The applicant will cooperate in the investigation/trial, as the case may be;
3) 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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4) The applicant will not seek unnecessary adjournments during the trial; and
5) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.
E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.
Certified copy as per rules.