The applicant has filed this fourth repeat bail application u/S 439, Cr.P.C. for grant of bail after rejection of earlier one on merits by order dated
18.06.2018 passed in M.Cr.C. No.19333/2018 with liberty to the applicant to repeat his prayer for bail after recording of complete testimony of
prosecution witnesses B.S. Raghuwanshi. Â
The applicant has been arrested by Police Station Maharjpura, District Gwalior in connection with Crime No.91/2017 registered in relation to the
offences punishable u/Ss. 370(A) of IPC r/W Sec 3, 4, 5 and 7 of Human Tafficking Act. Learned Public Prosecutor for the State opposed the
application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail
is made out.
It is informed by learned counsel for the petitioner that B.S. Raghuwanshi PW-1 whose examination was left incomplete was examined subsequently
on 28.08.2017 and 14.12.2017. It is further submitted that statements of PW-7 and PW-8 have also been recorded on 24.07.2017 and the said
statements are on record mentioning the name of said witnesses.
Considering the fact that the applicant is in custody since 23.02.2017 and that the early conclusion of the trial is a bleak possibility and prolonged pre-
trial detention is anathema to the concept of liberty and that there are no criminal antecedents of the applicant and the material placed on record does
not discloses the possibility of the applicant fleeing from justice, this Court is though inclined to extend the benefit of bail to the applicant but with
certain stringent conditions in view of nature of offence.
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/- (Rs. Fifty Thousand) with two solvent sureties, each of Rs.25,000/-, to the satisfaction of the
concerned trial Court.
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 withthe 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;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. The applicant shall mark his attendance before the trial ACourtcopyonceof thiseveryorderfortnightbesent. to the Court concerned for compliance.
C.c. as per rules.
