Rajendra Kumar (Verma), J
This is the second bail application under Section 439 of Criminal Procedure Code, 1973, filed by the applicants for grant of bail. The first bail is dismissed as withdrawn vide order dated 06.04.2023 passed in M.Cr.C. No. 13250/2023.
The applicant is facing trial relating to FIR/Crime No. 56/2022 registered at Police Station Chargavan, District Jabalpur for the offence punishable under Section 392 of the IPC.
As per prosecution, applicants have stolen the Gold and Silver ornaments from the shop of the complainant.
Learned counsel for the applicants submits that the applicants are innocent and has been falsely implicated in this case. It is further submitted that no article was seized from the possession of the applicants. The applicants are in custody since 21.02.2022. They have no criminal antecedents. It is further submitted that witnesses Sajal Soni (PW/1), Rawal Patel (PW/2), Bhupendra (PW/3) have been examined. They have not stated against the applicants. The conclusion of trial will take sufficient time. On the aforesaid grounds, prayer is made to release the applicant on bail.
Learned Panel Lawyer has opposed the application and prayed for its rejection, but fairly conceded that applicants have no criminal antecedents under the same nature.
Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary, without commenting on the merits of the case, this application is allowed.
It is directed that the applicants be released on bail upon their furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with two solvent surety of Rs. 25,000/- each to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicants shall comply with the provisions of Section 437 (3) of Cr.P. C.
It is further stipulated that the applicants shall mark their presence before the police station Nishatpura, between at 10 AM to 12 PM on every Sunday till the trial is concluded.
This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.
This application is allowed and disposed of accordingly.
Certified Copy as per rules.
