An application filed by the our firm on behalf of petitioner under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973 for grant of regular bail.
Learned counsel for the petitioner submitted that the petitioner was acquitted vide judgment dated 27.9.2016. however, the Division Bench of this Court on its own motion took up the matter and vide order dated 24.4.2018, had set aside the judgment dated 27.9.2016 and remanded back the matter to the Trial Court for retrial. Learned counsel for the petitioner also submitted that the petitioner has already undergone a period of more than 3½ years in custody and as per the Nominal Roll, his conduct in jail has been satisfactory. Learned counsel for the petitioner also submitted that the victim has been examined and that there is no threat to other witnesses and in case the petitioner is released on bail, he shall comply with all the terms and conditions imposed by this Court.
Hence, taking into consideration the aforesaid facts and the submissions of the learned counsel for the petitioner, I deem it appropriate to allow the bail application and the petitioner be released on bail, if not required in any other case, subject to his furnishing a personal bond in the sum of Rs.25,000/-, with one surety of the like amount to the satisfaction of the Trial Court and further subject to the conditions that the petitioner, during the pendency of the trial, shall not prejudice the trial or influence or contact the witnesses in any manner. In case any complaint is received against the petitioner, the prosecution may move an application and the Court may pass appropriate orders
The Trial Court is directed to expedite the trial and shall not adjourn the matter on any ground whatsoever.
The bail application is disposed of in the above terms.
The original order is attached hereto: GRANTED BAIL BY SINGLE JUDGE, WHEN DIVISION SET ASIDE ORDER OF TRIAL COURT