1. Arguments on the second bail application under section 439 of CrPC of the applicant Harisingh heard. The applicant is involved in Crime No.140/2011of Police Station- Tukoganj, Indore registered under section 381 of the IPC.

2. The first bail application of the applicant was dismissed as not pressed on 27.4.2011 in M.Cr.C. No. 2959/2011.

3. It has been argued by the applicant's counsel that the charge was framed on 2.5.2011 and since then, no evidence has been produced by the prosecution up-till-now. Hence he should be released on bail under section 437 (6) of the CrPC.

4. The respondent has opposed the bail application.

5. Considered the circumstances. The charge was framed on 2.5.2011 and the case was fixed for prosecution evidence on 16.5.2011, hence according to section 437 (6) of the CrPC, trial of the applicant had to be completed within 60 days from 16.5.2011. Up-till-now, trial has not been completed and no evidence has been produced before the Trial Court by the prosecution. Under these circumstances, the applicant is entitled for bail.

6. Hence, this bail application is allowed and it is ordered that the applicant be released on bail subject to his furnishing a person