Rajesh Kumar Gupta, J
1. This is the first application filed by the applicant under Section 439 of Cr.P.C./483 of BNSS for grant of bail relating to Crime No.115/19 registered at Police Station Dimni, District Morena (M.P.) for the offence under Sections 307, 34 of IPC.
2. This is a case of bail jump.
3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. It is further submitted that earlier the bail application of the applicant was allowed by the trial Court and he remained absent on 10.09.2024, therefore, arrest warrant was issued against him and thereafter on 07.11.2024, a perpetual arrest warrant was issued by the trial court declaring the applicant as absconding. Thereafter, on 03.12.2025, the applicant was arrested and produced in compliance with the perpetual arrest warrant and since then he is in custody. He further submits that the applicant went to out of station for earning livelihood; therefore, he could not appear before the trial Court and could not make contact with his advocate. The absence of applicant is bona fide. The applicant has no criminal history. He has not misused the liberty granted under the first bail application. He is ready and willing to abide by all the terms and conditions which may be imposed by this Court. The trial will take time to conclude. On these grounds, he prays for grant of bail to the applicant.
4. Per contra, learned counsel for the State vehemently opposed the bail application and prayed for its rejection.
5. Heard learned counsel for the parties and perused the record.
6. Considering the overall facts and circumstances of the case, but 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 a solvent surety in the like amount to the satisfaction of the trial Court/committal Court.
7. This order will remain operative subject to compliance of the following conditions by the applicant:-
i) The applicant will comply with all the terms and conditions of the bond executed by him;
ii) The applicant will cooperate in the investigation/trial, as the case may be;
iii ) 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;
iv) The applicant will not commit any other offence or will not repeat the offence in future. In case, if he/she is found involving in the offence of same nature, this bail order shall stand cancelled automatically without further reference to the Bench.
v) The applicant will not seek unnecessary adjournments during the trial; and
vi) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
The Trial Court will be at liberty to forfeit the amount of earlier bail bonds.
8 . It is made clear that in case of bail jump, this order shall automatically stand cancelled.
9. Copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.
Certified copy as per rules
