ORDER

1. Leave granted.

2. This appeal challenges the judgment and order dated 28.06.2024 passed by the High Court of Judicature at Bombay in Criminal Bail Application No. 479 of 2024.

3. The appellant herein has been booked for the crime registered pursuant to FIR No. I-224 of 2023 dated 22.04.2023 lodged with Police Station Baramati Taluka, Pune, with respect to offences punishable under Sections 394 , 395, 397, 120(B) and 201 of the INDIAN PENAL CODE , 1860.

4. An application seeking regular bail having been rejected by the High Court vide impugned order dated 28.06.2024, the appellant has preferred the instant appeal.

5. By order dated 22.11.2024, the following order was passed by this Court:

"Delay condoned.

Issue notice to the respondent, returnable on 20.01.2025.

Petitioner's counsel is also permitted to serve the standing counsel for the respondent-State."

6. Heard learned counsel for the appellant in support of the appeal and learned counsel for the State and perused the material on record.

7. Learned counsel for the appellant submitted that the appellant has been in custody since 19.08.2023. Although, the Charge-sheet has been filed, the charges have not yet been framed. Therefore, the accused is in jail as an under-trial. Further, the co-accused has been granted the relief of bail. In the circumstances, the impugned order(s) may be set aside and relief of bail may be granted to this appellant also.

8. Per contra, learned counsel for the respondent submitted that there is no merit in this appeal and objected to the grant of bail to the appellant herein.

9. Considering the facts on record, in our view, the case for bail is made out.

10. We, therefore, allow this appeal and direct as under:

"The appellant shall be produced before the concerned Trial Court as early as possible and the Trial Court shall release him on bail, subject to such conditions as it may deem appropriate to impose to ensure his presence in the proceedings arising out of FIR No. I-224 of 2023 dated 22.04.2023 mentioned above." UL>

11. It is directed that the appellant shall extend complete cooperation in the ensuing trial.

12. The appellant shall not misuse his liberty and shall not in any way influence the witnesses or tamper with the material on record.

13. Any infraction of the conditions shall entail cancellation of bail granted to the appellant.

14. With the aforesaid directions, the criminal appeal is allowed.