Anand Pathak, J
The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail.
Applicant has been arrested on 26.11.2020 by Police Station, Gyaraspur District Vidisha in connection with Crime No.166/2017 registered for offence
punishable under Sections 302, 201, 120-B of IPC.
It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since
20.12.2020, whereas charge-sheet has already been filed and now no custodial interrogation is required. It is further submitted that the only source of
implication qua the present applicant is statement of prime accused Kamlesh Goswami taken by the police under Section 27 of the Indian Evidence
Ac. Even perusal of said statement indicates that role of the applicant is not to cause murder but to screen the murder and murderer, nothing less
nothing more. Even the said statement has been taken after 3 years of date of incident because the date of incident is 28-10-2017 and memo under
Section 27 of Indian Evidence Act has been taken on 26-11-2020. Applicant has no criminal record. Confinement amounts to pretrial detention. He
further undertakes not to be source of embarrassment and harassment to the complainant party in any manner and would not move in the vicinity of
complainant party and would cooperate in trial. He further undertakes to abide by all the terms and conditions of guidelines, circulars and directions
issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and
maintain hygiene in the vicinity while keeping physical distancing. Thus, prayed for bail.
Counsel for the State opposed the prayer and prayed for dismissal of the bail application.
Heard learned counsel for the parties at length and considered the arguments advanced by them.
Considering the rival submissions and fact situation of the case, but without commenting on the merits of the case, it is hereby directed that the
applicant shall be released on bail, on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) alongwith one solvent surety of like
amount to the satisfaction of trial Court
This order will remain operative subject to compliance of the following conditions by the applicants :-
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;
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 them from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not be a source of embarrassment or harassment to the complainant party in any manner and 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;
7. Applicant shall not be source of harassment and embarrassment to the complainant party in any manner and shall not move in their vicinity
otherwise benefit of bail shall be immediately withdrawn.
Application stands allowed and disposed of.
E- copy of this order be sent to the trial Court concerned for compliance, if possible, for the office of this Court.
Certified copy/ e-copy as per rules/directions.
