The court may grant bail considering the accused's first offender status, the filing of the charge sheet, and the likelihood of a prolonged trial.

JUDGMENT

Vishal Dhagat, J. - This is first application under Section 439 of the Code of Criminal Procedure for grant of bail to the applicant.

2. Applicant has been arrested on 11.10.2022 in connection with Crime No.179/2022 for offence under Section 34(2) of the MP Excise Act registered at Police Station-Jujhar Nagar, District-Chhatarpur (M.P.).

3. Learned counsel appearing for the applicant submitted that applicant is innocent and has falsely been implicated in the case. Offence is triable by Judicial Magistrate First Class. Applicant is in jail since 11.10.2022. Charge- sheet in the case has already been filed and investigation in the case is complete. Applicant is not having any criminal record. It is further submitted by him that applicant will cooperate in trial and will not influence the witnesses or tamper with the evidence of the case. On these grounds, he prayed that applicant may be enlarged on bail.

4. Learned Government Advocate appearing for the State opposed the application for grant of bail.

5. On being asked, it is informed that applicant is not having any criminal antecedents.

6. Heard the counsel for the parties.

7. Considering the facts and circumstances of the case, and the fact that applicant is first offender, charge sheet has been filed and completion of trial is likely to take some time, without expressing any opinion on the merits of the case, bail application filed by the applicant is allowed. It is directed that applicant be released on bail on furnishing personal bond of Rs.50,000/-(Rs. Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned for his regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial.

8. The applicant shall abide by the following conditions of Section 437 (3) of Cr. P. C. as under:-

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

C.C. as per rules.