Anand Pathak, J
The applicant has filed this third bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 23-03-2022 by Police Station
Bahodapur, District Gwalior in connection with Crime No.620/2021 registered for offence punishable under Sections 307, 294, 506, 120-B, 34 of IPC.
His earlier bail applications were dismissed as withdrawn.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 23-03-
2022 whereas charge-sheet has already been filed. Prime accused Anand Yadav has been granted benefit of bail by the Coordinate Bench. Test
Identification Parade was conducted in respect of co-accused Anand Yadav but no such parade has been conducted in respect of present applicant.
Even otherwise, as per allegation, his role is only confined to presence and hurling verbal abuses. Nothing less nothing more. Although, applicant bears
criminal record of one case of Section 307 of IPC (in which applicant is already on bail) but he learnt the lesson hard way and would mend his ways
and become a better citizen in future. 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. Further
applicant intends to serve the National/Environmental/ Social cause voluntarily, in case bail is granted. Thus prayed for bail.
Counsel for the State opposed the prayer and prayed for dismissal of this bail application.
Heard learned counsel for the parties at length and considered the arguments advanced by them.
Considering the submissions advanced by learned counsel for the parties and period of custody, 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) along with one
solvent surety of the like amount to the satisfaction of trial Court.
It is made clear that this bail is granted once the case is made out for bail and therefore, direction for plantation of saplings is given and it is not the
case where a person intends to serve social cause can be given bail without considering the merits.
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;
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 move in the vicinity of complainant party and would not be source of embarrassment and harassment in any manner.
9. It is expected from the applicant that he shall submit photographs by downloading the mobile application (NISARG App) prepared at the instance of
High Court for monitoring the plantation through satellite/Geo- Tagging/Geo-fencing.
Application stands allowed and disposed of.
Copy of this order be sent to the trial Court concerned for information and necessary compliance.
Certified copy as per rules.
