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Judgment
Dwarka Dhish Bansal, J
Applicant apprehends arrest in connection with offences punishable u/Ss. 353, 279, 34 of IPC and 3,4 of the Prevention of Damage to public Property Act, 1984 registered as Crime No.126 of 2022 at Police Station City Kotwali district Bhind.
Learned counsel for the applicant submits that allegation against the present applicant is only with regard to taking away of Dumper and no other allegation has been made against him. He further submits that the applicant has not committed any offence and he has been falsely implicated, therefore, no case under Section 353 of IPC is made out against the present applicant. Upon these grounds, he prays for bail.
On the other hand, learned counsel for State opposed the bail application and prays for dismissal of the bail application.
Heard both the parties and perused the case diary.
I n view of the above, this Court, without expressing any opinion on merits of the case, is inclined to extend the benefit of bail to the applicant. Accordingly, bail application u/S 438 Cr.P.C is allowed in the following terms.
I t is hereby directed that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty thousand only) with two solvent sureties in the like amount to the satisfaction of Arresting Authority.
This order will remain operative subject to compliance of the following conditions by the applicants :-
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 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.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.