Vivek Rusia, J
This is the sixth (repeat) application under Section 439 of Code of Criminal Procedure, 1973 for grant of bail filed by the applicant- Rambabu who is in custody since 13.01.2018 in connection with Crime No.131/2017 registered at Police Station Lalghati, District Shajapur, for the offence punishable under Section 420, 409, 120-B of IPC and Section 6 of M.P. Nishpekshako ke Hiton Ka Sanrakshan Adhiniyam, 2000.
Earlier applicant was granted temporary bail for the period of one year vide order dated 18.10.2022 in M.Cr.C. No.30250/2021 thereafter he surrendered.
Learned counsel for the applicant submits that applicant is innocent and he has falsely been implicated in the present case. The applicant is in custody since 13.01.2018. He further submits that there is no substantial progress in the trial as out of 57 witnesses, only 8 witnesses have been examined. He has undergone almost 4 years of jail sentence. Properties are also under attachment, therefore, there is no chance of his absconding. Other co-accused-Omprakash and his wife have been granted bail. Conclusion of trial will take sufficient time. Under these circumstances, learned counsel for the applicant prays for grant of bail.
Learned Government Advocate for the respondent / State opposes the application and prays for its rejection.
Considering the aforesaid facts and circumstances of the case but without commenting on the merits of the case, the application is allowed and applicant-Rambabu is directed to be released on bail upon his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for his appearance before that Court during the pendency of trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.
C.c. as per rules.
