Shivam Agrawal vs State Of M.P

Anand Pathak, J

The applicant has filed this repeat bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 6/8/2021 by Police Station Purani Chhawani, District Gwalior in connection with Crime No. 331/2021 registered for offence punishable under Sections 420, 34 of IPC, 34(2), 49-A of Excise Act and Sections 102 and 103 of Trademark Act, 1999.

Learned counsel for the applicant submits that applicant has been falsely implicated in the matter and he is suffering confinement since 6/8/2021; whereas, charge-sheet has already been filed. Because of his criminal record of three cases out of which two cases are of same nature, applicant is in confinement for such long period. Counsel for applicant fairly submits that due to long confinement, applicant has learnt the lesson hard way and now would mend his ways to become a better citizen and now he would not involved in any criminal activity in future. He is ready to abide by all stringent conditions as may be imposed by this Court. Confinement amounts to pretrial detention. Applicant undertakes to cooperate in trial. He further intends to perform community service to serve the environment/national/social cause voluntarily by planting saplings, to purge his misdeeds, if any. On these grounds, prayer for bail is made out.

Learned counsel for the State opposed the prayer and prayed for dismissal of the application.

Heard.

Considering the facts and circumstances of the case and the period of custody, without expressing any opinion on merits of the case, I deem it appropriate to allow this application but with certain stringent conditions. It is hereby directed that on furnishing bail bond of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety of like amount to the satisfaction of trial Court applicant shall be released on bail.

This order will remain operative subject to compliance of the following conditions by the applicant :-

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 them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial and shall not be a source of embarrassment or harassment to the complainant party in any manner;

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

The applicant shall mark his appearance before the concerned police station on every 1st and 15th day of month between 10 am to 2.00 pm till conclusion of trial; and

Application stands allowed and disposed of.

E-Copy/Copy of this order be sent to the trial Court concerned.

E copy/Certified copy as per rules/directions.