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Judgment
Learned counsel for the rival parties are heard.
The applicant has filed this first application u/S 439 of Cr.P.C. for grant of bail. The applicant has been arrested on 29/05/2019 by Police Station-
Kotwali, District- Gwalior in connection with Crime No.232/2019 registered in relation to the offence punishable under Sections 399, 400 and 402 of
the IPC and Sections 11/13 of the MPDVPK Act and Section 25 (B) of Arms Act.
Allegations against the applicant, in short, are that the applicant along with co-accused persons was involved in making preparation to commit dacoity.
On the basis of aforesaid, crime has been registered against the applicant.
Learned counsel for the applicant submits that the applicant is a youth of 19 years of age, who has no criminal past alleged against him and he has
been falsely implicated in the present case. It is further submitted by the learned counsel for the applicant that investigation is nearing completion and
further custodial interrogation of the applicant may not be necessary. Co-accused persons have already been released on bail and the applicant
deserves parity in treatment. The applicant is in jail since 29/05/2019 and early conclusion of the trial is bleak possibility and prolonged pre-trial
detention is an anathema to the concept of liberty. Under these grounds, applicant prays for grant of bail.
Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the
material available on record, no case for grant of bail is made out.
After hearing aforesaid arguments and looking to the facts and circumstances of the case as well as period of custody, without expressing any opinion
on merits of the case, this application is allowed but with certain stringent conditions and it is directed that the applicant be released on bail on
furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with two solvent sureties each of Rs.50,000/- to the satisfaction of the
concerned trial Court.
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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically
without further reference to the Bench.
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.
Till conclusion of the trial, the applicant shall appear and mark his attendance before the concerned trial Court once in every fortnight.
A copy of this order be sent to the Court concerned for compliance.
Certified copy as per rules.