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Judgment
10 paragraphs · 401 wordsSubodh Abhyankar, J
This is the 4th application filed by the applicant for grant of regular bail under section 439 of the Code of Criminal Procedure, 1973 relating to FIR No. 47/2023 registered at P.S -Narsinghgarh, District- Rajgarh (M.P.) for the offence under sections 386/34 of IPC.
2 The applicant's earlier bail application i.e. MCRC no. 32388/2023 has been dismissed on merit by this Court vide order dated 26/07/2023
Counsel for the applicant has submitted that theomplainant has already been examined and he has not supported the case of prosecution. The applicant is lodged in jail since 24/01/2023. Co-accused persons have already been granted bail by this Court and final conclusion of the trial is likely to take a long time. In such circumstances, it is prayed that the application be allowed and the applicant be released on bail.
Counsel for the State, on the other hand, has opposed the prayer, but fairly admitted that there are no criminal antecedent against the applicant.
On due consideration of the rival submissions and on perusal of the case diary, taking note of custody period of the applicant and the fact that mobile phone has been recovered from the possession of the applicant,, this Court finds force with the contention raised by the counsel for the applicant.
Accordingly, without reflecting anything on the merits of the case, the application filed by under Section 439 of Cr.P.C. on behalf of the applicant is hereby 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 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.
It is further observed that if the applicant is again found to be involved in any other offence during the trial, this order shall stand cancelled automatically without reference to the Court and the police will be at liberty to arrest the applicant 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.
CC as per rules.