Vicky vs State Of Madhya Pradesh

Pranay Verma, J

Heard. Perused the case diary.

This is the second bail application filed under Section 439 of the Cr.P.C for grant of bail to the applicant. He is being implicated in crime No.140/2018, registered at police station Palasiya, Indore for the offence punishable under Sections 302/34, of the IPC and under Section 25 of the Arms Act.

First application bearing M.Cr.C.No.39420/2018 was allowed by this Court by order dated 3/10/2018.

As per the prosecution, on 2/5/2018 co-accused Durgesh @ Bhanja came on the motorcycle and demanded cigarette from the deceased Sanyog. Thereafter incident took place and co-accused caused by means of knife to deceased Sanyog and later on applicant has been implicated in this case.

It is submitted by the learned counsel for the applicant that subsequent to being released on bail by this Court, the applicant had regularly been appearing before the trial Court. However, he could not appear before the trial Court on 22/8/2023 as a result of which arrest warrant was issued against him and he was arrested on 21/11/2023 and has been in custody since then.

It is submitted that the applicant is a labourer and for the purpose of earning livelihood he had gone to Ahmedabad in Gujarat and due to inadvertent error could not inform the said fact to his counsel due to which he could not appear. It is submitted that applicant shall cooperate in the trial and there shall not be any lapse on his part. On such grounds, prayer for grant of bail to the applicant has been made.

7 . The aforesaid prayer has been opposed by learned counsel for the respondent/State submitting that due to the applicant the trial has been held up though statements of 16 witnesses had already been recorded. The applicant is hence not entitled to be released on bail.

I have heard the learned counsel for the parties and perused the case diary as well as record.

The applicant was earlier enlarged on bail by this Court by order dated 3/10/2018 in M.Cr.C.No.39420/2018. Thereafter he appeared before the trial Court regularly for a period of four and a half years and is stated to have gone to Gujarat in search of work due to which he could not appear before the trial Court. Subsequent to being re-arrested he has been in custody since 21/11/2023 ie., for a period of about five and a half months. He has undertaken that there shall not be any further lapse on his part and he shall extend full cooperation in the trial. Thus in my opinion, the applicant deserves to be enlarged on bail.

10 . 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.50,000/-(Rupees Fifty Thousand) with two solvent sureties 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.

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.