Lakhan vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the case diary / challan papers.

This is the fourth bail application filed by the applicant under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.445/2021 registered at Police Station Kishanganj, District Indore (MP) for offence punishable under Sections 420, 467, 468, 471 and 120-B of Indian Penal Code, 1860 and Sections 34(2) and 49-A of M.P. Excise Act. The applicant is in custody since 04.07.2021

His earlier bail applications have already been dismissed on merits. Counsel for the applicant has submitted that the applicant is lodged in jail since 04.07.2021 and as such he has completed two years of incarceration. It is also submitted that the applicant has been arraigned only on the basis of memo prepared under Section 27 of the Evidence Act and no seizure has been effected from him and also the fact that the seizure witnesses have already examined and have not supported the case of the prosecution.

Counsel has also submitted that co-accused Deepak @ Gudda has already been granted bail by this Court vide order dated 04.05.2023 passed in M.Cr.C. No.18099 of 2023 and the present applicant is having complete parity with him.

Counsel for the respondent/State, on the other hand, has opposed the prayer and it is submitted that no case for grant of bail is made out considering the fact that the applicant is a habitual offender and as per the case-diary, 3 other cases have also been registered against him and considering the fact that his earlier applications have already been dismissed on merits, no case for grant of bail is made out.

On due consideration of submissions and on perusal of the case diary as also the order passed by this Court in favour of co-accused Deepak @Gudda and considering the fact that the material witnesses have been examined in the case and the applicant is lodged in jail since 04.07.2021 and the final conclusion of trial is likely to take sufficient long time, this Court is inclined to allow the present application solely on the ground of period of incarceration.

Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/-(rupees twenty five thousand) 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.

However, looking to the criminal antecedents of the applicant, it is directed that he shall mark his presence before the concerned Police Station on every first Wednesday of the month between 12:00 to 4:00 PM.

Certified copy as per rules.