Anil vs State Of Madhya Pradesh

Subodh Abhyankar, J

This is the third bail application under Section 439 of Criminal Procedure Code, 1973 for grant of bail during the trial.

The applicant is facing trial in connection with Crime No.27/2021, registered at Police Station-Chandan Nagar, District-Indore (MP) for offence

punishable under Sections 307, 294, 34 of IPC, 1860. Applicant is in custody since 11/01/2021.

Learned counsel for the applicant has submitted that the earlier application M.Cr.C. No.11190/2021 was dismissed as withdrawn by this Court vide

order dated 07/05/2021 with liberty to renew the prayer after a period of three months and now it has already been more than three months since the

aforesaid order has passed. It is further submitted that the charge sheet has been filed, the applicant is in custody since 11/01/2021 and final

conclusion of trial is likely to take sufficient long time, thus it is submitted that the application be allowed and the applicant be released on bail.

Learned Panel Lawyer for the respondent/State on the other hand, opposed the prayer.

Having considered the rival submissions, on perusal of the case diary, taking note of the fact that applicant is in custody since 11/01/2021 and the final

conclusion of the trial is likely to take sufficiently long time in the wake of fresh spread of Covid-19, this Court finds it expedient to allow the present

bail application.

Accordingly, without commenting on the merits of the case, the application filed by applicant is allowed. The applicant is directed to be released on bail

upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction

of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he/she shall remain present before the court

concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

I t is also observed that after being released on bail, if the applicant again indulge himself in any criminal activity, the present bail order shall stand

cancelled without further reference to the Court and the police shall be entitled to arrest the applicant in the present case also.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.