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Judgment
19 paragraphs · 380 wordsSubodh Abhyankar, J
This is the first bail application under Section 439 of Criminal Procedure Code, 1973 as he is implicated in connection with Crime No.425/2021
registered at Police Station Aerodrome, District â€" Indore (MP) for offence punishable under Sections 304, 308, 328 and 120-B /34 of IPC; and
Sections 49-A of M.P. Excise Act. The applicant is in custody since 20/10/2021.
At the outset, Counsel for the applicant has submitted that in other identical cases, present applicant has already been enlarged on bail by this Court in
M.Cr.C. No.61712 of 2021 dated 22.12.2021, M.Cr.C. No.61753 of 2021 dated 22.12.2021, M.Cr.C. No.61797 of 2021 dated 22.12.2021 and
M.Cr.C. No.1161 of 2022 dated 13.01.2022. It is further submitted that the applicant is in jail since 20.10.2021 and the final conclusion of trial is likely
to take sufficient long time looking to the fresh spread of Covid-19. Hence, it is prayed that the applicant be released on bail.
Counsel for the respondent/State, on the other hand, has opposed the prayer.
Having considered rival submissions, perusal of the case-diary as also the order dated 22.12.2021 and 13.01.2022 passed in other identical cases, this
Court finds force with the contentions raised by the Counsel for the applicant to allow the application. Accordingly, without adverting to 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.50,000/- (rupees fifty thousand) with a solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the
trial Court during trial with a condition that he 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.
It is also observed that if the applicant is found to be involved in any of the criminal activities, after his release on bail, then the present bail order shall
stand cancelled without further reference to this Court; and the State/prosecution will be free to arrest the accused 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.