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Judgment
10 paragraphs · 395 wordsPrem Narayan Singh, J
Heard and perused the case diary.
(1) This is the first bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure for grant of bail in relation to Crime No.285/2023, registered at Police Station-Khargone, District-Khargone for the offence under Section 457, 380 of IPC, 1860. The applicant is in custody since 12.06.2023.
(2) Allegation against the applicant is that of commission theft of ornaments and money by breaking the lock of the house, along with other accused persons.
( 3 ) Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in this case on the basis of memo recorded under Section 27 of the evidence act. Cash of Rs.1200/- and one pair of golden tops has been recovered from the present applicant. The applicant is in jail since 12.06.2023 and final conclusion of the trial is likely to take sufficient long time, therefore, it is prayed that the application be allowed and the applicant be released on bail.
(4) Learned Government Advocate for the respondent/State opposes the prayer and prays for rejection of the bail application.
(5) After hearing learned counsel for the parties and looking to the facts and circumstances of the case and fact that the trial will take considerable time for conclusion, I am of the view that it is a case, in which applicant may be released on bail. Consequently without commenting on the merits of the case, first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.
(6) It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in 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 concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.
(7) This order shall be effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.