AGED v. (BY SHRI DILIP PARIHAR- PANEL LAWYER)

(BY SHRI ANKIT SAXENA- ADVOCATE ) AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION SHAHJAHANABAD, DISTRICT BHOPAL (MADHYA PRADESH) (BY SHRI DILIP PARIHAR- PANEL LAWYER) .....RESPONDENT This application coming on for hearing this day, the court passed the following: Case diary is perused. ORDER Learned counsel for the rival parties are heard. The applicant has filed this first application u/S. 439, Cr.P.C. for grant of bail. T h e applicant has been arrested on 08.10.2021 by Police Station Shahjahanabad, District Bhopal (M.P.), in connection with Crime No.649/2021 registered in relation to the offence punishable under Sections 394, 120-B and 34 of IPC and Sections 130/177 of Motor Vehicles Act. 2 The allegation against the applicant, in short, is that on 4.10.2021 at about 09:45 PM when the complainant was going to his house after closing his shop, at that time the applicant alongwith co-accused came from the back on one Activa and snatched Rs.2,76,000/- from his possession. Thereafter, they caused injuries on the head of complainant. On the basis of aforesaid, crime has been registered. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He is in custody since 08.10.2021. Charge sheet has been filed, therefore, no further custodial interrogation is required in the matter. The injuries are simple in nature. Material witness i.e. complainant Kishore Waghvani (P.W.1) has been examined, who stated that at the time of test identification parade, the face of accused was covered upto eyes, therefore, only on the basis of his forehead he could recognize him, which again creates doubt. Learned counsel for the applicant further submitted that seizure witness Nitesh Nathani (P.W.2) has turned hostile and not supported the case of prosecution. Co-accused Guru Amrat Pal Singh has already been enlarged on bail by this Court vide order dated 22.04.2022 passed in M.Cr.C. No.18908/2022 and the case of the present applicant is identical to that of the co-accused. The applicant is aged about 23 years. He has no criminal antecedents. Disposal of matter will take long time. The applicant is permanent resident of District Bhopal (M.P.) and there is no likelihood of his absconsion o r tampering with the prosecution evidence and he is ready to abide by the terms and conditions as may be imposed. With the aforesaid submissions, prayer for grant of bail is made out. Learned Panel Lawyer for the respondent/State opposed the application contending that on the basis of the allegations and material available on record, 3 no case for grant of bail is made out and prays for rejection of bail application. However, it would not be desirable to enter into the merits of the rival contentions at this juncture. Considering the overall facts and circumstances of the case coupled with the fact that the trial is not likely to conclude in near future and prolonged pre- trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant. Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court. T h e applicant shall also furnish a written undertaking before the concerned court that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus. 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; 4

#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 tor to the Police Officer, as the case may be; 4 . 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;

#5. The applicant will not seek unnecessary adjournments during the trial;

#6. 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 trial court concerned for compliance. Certified copy as per rules. Shanu RAIKWAR (S. A. DHARMADHIKARI) JUDGE