Judgment:
M.Cr.C.No.1683/2013 2/04/2013 Shri Bhupendra Tiwari, Advocate for the applicant.
Shri C.K.Mishra, GA for the respondent/State.
Heard finally.
This is the fiRs.application filed by applicant under Section 439 of the Cr.P.C for grant of bail.
Applicant has been arrested on 4/4/12 in connection with Crime No.149/96 registered at P.S.Beohari, District Shahdol for the offence punishable under section 420 of IPC.
Learned counsel for the applicant submits that applicant has been falsely implicated in the case.
It is further submitted that initially the applicant was enlarged on bail thereafter, trial Court issued the warrant of arrest against him on his non-appearance and in compliance of the said arrest warrant, applicant has been sent in jail.
It is submitted that though number of cases are registered against this applicant but not he is ready to co-operate in the trials.
In these circumstances, he prays for bail to the applicant.
Learned counsel for the State opposes the application on the ground of number of cases registered against this applicant.
Considering the overall facts and circumstances of the case wherien applicant was remained absent for about 5 yeaRs.I am of the considered view that it is a fit case to release him on bail with the observation that applicant will regularly appear before the trial Court till the conclusion of same and if he remain absent without any reasonable cause then trial Court may cancell the bail bonds and take him again in custody.
With the aforesaid observation without commenting on merits of the case, this application is allowed and it is directed that applicant Daya Shankar Sharma shall be released on bail on his furnishing a personal bond in a sum of Rs.30,000/- (Rs.Thirty Thousand only) with one surety in the like amount to the satisfaction of Committal Court/trial Court, for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.
Certified copy as per rules.
(G.S.SOLANKI) Judge navin