By this application filed under section 439 of the Cr.P.C, applicant Sudhakar Rao has moved the application for grant of bail being implicated in crime No. 93/2009 registered by police Mandsaur (City) for offence under Section 302, 120-B of the IPC and 25 and 26 of the Arms Act.
Counsel for the applicant has vehemently urged the fact that it was a case of false implication. Even if the prosecution allegations are considered, Counsel submitted that there was no evidence on record against the present applicant except the fact that witness Mohit has stated that his cell phone was used by one Deepesh to call the present applicant. Counsel further submitted that the applicant was not named in the FIR. Moreover, Counsel submitted that other co-accused Rajesh Rathore, Shailendra Singh and Satpal Singh have already been acquitted from the aforesaid offences under the same set of circumstances by the trial Court itself Whereas main accused Bharat Raj is absconding and the trial has also not commenced till now. Counsel submitted that if at all this is the first offence by the present applicant. Hence Counsel has prayed for grant of bail since the applicant is in jail from 18/10/2010.
Counsel for the respondent State, on the other hand, has opposed the submissions of the Counsel for the applicant. However, he was unable to present any evidence against the present applicant except the fact that witness Mohit has stated that his cell phone was used by one witness Deepesh to call the present applicant. He also candidly admitted that the present accused as well as other co-accused had several cases listed against them. However, Counsel has prayed for dismissal of the application.
On considering the above submissions, material available in the case diary and looking to the nature of allegations, I find that the application for grant of bail needs to be allowed on the grounds of parity and in the interest of justice and it is hereby allowed. However, stringent condition needs to be imposed.
It is ordered that the applicant be released on bail on his furnishing a personal bond for a sum of Rs. 25,000/-(Rupees Twenty five thousand only) with one surety in the like amount to the satisfaction of the Trial Court for his appearance before the concerned trial Court on all dates of hearing as may be fixed by the Trial Court in this behalf during the pendency of trial.
It is further directed that the applicant shall attend on each date of hearing of his trial before the concerned Court out of which this bail arises. In addition, he shall also mark his presence in the concerned police station on first Sunday of every month between 10 a.m to 12 a.m during the pendency of the trial. Any default in attendance in Court and marking his presence in the concerned police station, would result in cancellation of bail granted by this Court thereby entitling the police to take the applicant in custody immediately.
It is also directed that the applicant shall abide by all the conditions enumerated under Section 437(3) of the Cr.P.C
C.c as per rules.
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