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Judgment
The applicant has filed this second application under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 30.11.2019
in connection with Crime No.125/2019 registered at Police Station, Tendua, District Shivpuri, for the offence punishable under Sections 406, 409, 468,
471, 120-B of IPC. First application has been dismissed as withdrawn.
It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since
30.11.2019. It is further submitted that the case of the applicant is at par with Shakil @ Golu who has been enlarged on bail vide order dated
19.12.2019 passed in M.Cr.C. No. 53077/2019 because the present applicant has also been implicated in the matter only on the basis of statement of
co-accused under Section 27 of Evidence Act and all other accused persons have been implicated in the matter because of their direct involvement.
He undertakes to cooperate in trial and to appear before the trial court as and when required and further undertakes that he would not be a source of
harassment and embarrassment to the complainant party in any manner and intends to do some community service including blood donation for the
cause of the society. 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:-
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 will not commit an offence similar to the offence of which he is accused;
The applicant will not seek unnecessary adjournments during the trial; and
The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
As per the submission of counsel for the applicant on the basis of instructions so received, if applicant at all intends to donate blood, then he is at
liberty to do so at J.A.Hospital, Blood Bank under scheme of “ †as per his convenience or at any appropriate
Hospital/Blood Bank at Shivpuri after one month from the date of his release. It is made clear that it is purely optional and concerned Doctor/Para
Medical Staff shall ensure the Health and General Well Being of the applicant and do all necessary prerequisite tests of applicant before taking blood.
The applicant's efforts regarding blood donation is appreciated because of his realization of the rising need for blood availability in India where
accidents and traumatic cases are rampant. This effort of applicant would give an impetus to blood donation campaign.
It is made clear that this is purely voluntary act of applicant. Report of blood donation, if any, shall be submitted by the applicant within two months
from the date of his release.
A copy of this order be sent to the trial Court concerned and Hospital Superintendent, J.A.Hospital, Gwalior, for information and compliance.
Certified copy as per rules.