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Judgment
8 paragraphs · 413 wordsSubodh Abhyankar, J
They are heard. Perused the case diary / challan papers.
This is the applicant's IV bail application under Section 439 of Criminal Procedure Code, 1973. He is implicated in connection with Crime No.421/2021 registered at Police Station-PITHAMPUR DISTRICT DHAR (MP) for offence punishable under Sections 406, 407,411, 201, 120(b),34 of IPC. The applicant is in custody since 23/03/2023. His third bail application was dismissed by this Court on 20.10.2023 passed in MCRC.No.42907 of 2023 with liberty to renew prayer after completion of one year of incarceration.
The allegation against the applicant is that he was also involved in the aforesaid offence wherein one truck loaded with tyre went missing and the alleged that the applicant was also sitting in the same truck in which the tyres were transported.
Counsel for the applicant has submitted that the applicant is lodged in jail since 23.3.2023 and as of now is has completed more than one year of incarceration. It is submitted that only 4 to 5 witnesses have been examined out of 15 witnesses. It is also submitted that the co-accused person has already been granted bail the trial Court. It is further submitted that no recovery has been effected from the present applicant. Thus, it is submitted that as final conclusion of the trial is likely to take a long time, the applicant be released on bail.
Counsel for the respondent / State has opposed the prayer.
6 . O n due consideration of submissions and on perusal of the case diary, and taking note of the fact that out of 15 witesses only 4 to 5 witnesses have been examined, and that the applicant is lodged in jail since 23.3.2023 and final conclusion of the trial is likely to take a long time, this Court is inclined to allow the present bail application.
Accordingly, without adverting to the merits of the case, the application filed by the applicant is hereby allowed. The applicant is directed to b e released on bail upon furnishing a personal bond in the in the sum o fRs.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.