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Judgment
9 paragraphs · 433 wordsSubodh Abhyankar, J
1] They are heard. Perused the case diary / challan papers.
2] This is the second bail application filed by the applicant under Section 483 of B.N.S.S., 2023/439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.3/2021 registered at Police Station Kotwali, District Dhar (MP) for offence punishable under Section 399 and 402 of IPC and section 25, 27 and 25(1) of the Arms Act. The applicant is in custody since 2.3.2026.
3] Counsel for the applicant has submitted that it is a case of bail jump, as the applicant was earlier granted bail by this Court in M.Cr.C. No.16823 of 2021 dated 17.05.2021, however, he did not appear in the Trial Court from 17.10.2023, as he had gone out of town to earn his livelihood, and was subsequently arrested on 2.3.2026. It is also submitted that no other case has been registered against the applicant during this period. Thus, it is submitted that further custody of the applicant is not necessary.
4] Counsel for the respondent/State, on the other hand, has opposed the prayer.
5] On due consideration of submissions, and on perusal of the case-diary, it is apparent that the applicant had earlier attended the case for around three years after being released on bail on 17.05.2021, in such circumstances, taking into account the fact that no other offence has been committed by the applicant while at large, this Court is inclined to allow the present application.
6] Accordingly, without commenting anything on merits of the matter, the present application for grant of bail is allowed. The applicant is directed to be released on bail upon his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety in the like amount to the satisfaction of the Trial Court for his appearance, as and when directed and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973. It is also directed that if the applicant is found to be involved in violation of any of the terms of this order, an application for cancellation of his bail may be filed before the Trial Court itself, who shall decide the same in accordance with law. It is also directed that if the applicant is found to be involved in violation of any of the terms of this order, an application for cancellation of his bail may be filed before the Trial Court itself, who shall decide the same in accordance with law.
7] M.Cr.C. stands allowed and disposed of.
C.c. as per rules.
