Vijay @ Kanaha vs State Of Madhya Pradesh

Subodh Abhyankar, J

This is the applicant's fourth application under Section 439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.21/2021 registered at Police Station-Balakwada, District-Khargone for offence punishable under Sections 489-A, 489-B and 489-C of the IPC.

The applicant is in custody since 19.1.2021.

The allegation against the applicant is that he was found in possession of Rs.3,00,000/- fake currency notes.

Counsel for the applicant has submitted that the co-accused Sahil has already been granted bail vide order dated 06/09/2021 passed in M.Cr.C. No.36694/2021 and the applicant is in jail since 19.1.2021 and although the charge sheet has been filed however there is no progress in the trial and charge has not yet been framed. It is further submitted that the final conclusion of the trial is likely to take sufficiently long time as total around 30 witnesses are to be examined in court. Thus, it is submitted that the application be allowed and applicant be released on bail.

Counsel for the State has opposed the prayer however, it is not denied that there is no other criminal case registered against the applicant.

On due consideration of submissions and on perusal of the case-diary, this Court finds forced with the contentions raised by Counsel for the applicant, in the considered opinion of this Court the 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.1,00,000/- (Rupees One lakh only) with one 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 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.