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Judgment
8 paragraphs · 345 wordsSubodh Abhyankar, J
They are heard. Perused the case diary / challan papers.
This is the first bail application filed by the applicant under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.71/2023 registered at Police Station Sanwer, District Indore (MP) for offence punishable under Section 379 of Indian Penal Code, 1860. The applicant is in custody since 04.02.2023.
Allegation against the applicant is that of theft of two water pumps. Counsel for the applicant at the outset has submitted that under identical circumstances, the co-accused Mohammad Arif has already been granted bail by this Court in M.Cr.C.No.13210/2023 dated 31.3.2023 and the charge-sheet has already been filed and the applicant is lodged in jail since 04.02.2023 and the 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.
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.
Having considered the rival submissions and on perusal of the case diary, this Court finds force with the contentions raised by learned counsel for the applicant and further taking note of the fact that the final conclusion of the trial is likely to take sufficient long time, in the considered opinion of this Court, the applicant's application deserves to be allowed. 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.
Certified copy as per rules.