The court's decision to grant bail was influenced by the nature of injuries, prolonged custody, and the likelihood of a lengthy trial, as per the provisions of Section 439 of the Criminal Procedure Code, 1973.

JUDGMENT

Subodh abhyankar, J. - They are heard. Perused the case diary/challan papers.

This is the third application under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.664/2021 registered at Police Station Jeevajiganj, District Ujjain (MP) for offence punishable under Section Section 307, 458, 34 of the Indian Penal Code, 1860. The applicant is in custody since 12/09/2021.

His first bail application M.Cr.C. No.52778/2021 was dismissed by this Court on 27/10/2021 as withdrawn and the second bail application M.Cr.C. No.57076/2021 was dismissed on 08/12/2021 as withdrawn, however, with liberty to renew prayer after the doctor is examined in the trial Court.

Counsel for the applicant has submitted that subsequently the doctor has already been examined in the Trial Court and he has not even mentioned the nature of injury suffered by him, however, it is admitted by him that the injuries were simple in nature. It is further submitted that even in the charge sheet, in the query report, it is mentioned that the injuries were simple in nature. Counsel has submitted that the applicant has been falsely implicated due to family dispute between the parties as the son of the applicant was murdered by the brother of the complainant and they were already apprehending that the applicant's name is falsely implicated in any other case by the complainant side. Hence, it is submitted that the bail application be allowed and he be released on bail.

Counsel for the respondent / State, on the other hand has opposed the prayer and it is submitted that no case for grant of bail is made out.

Having considered the rival submissions, perusal of the case diary as also the documents filed on record and also considering the fact that the applicant is lodged in jail since 12/09/2021, this Court finds force with the contentions raised by counsel for the applicant and further taking note of the fact that the final conclusion of the trial is likely to take sufficient long time, in the considered opinion of this Court, the applicant's application deserves to be allowed.

accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand) with two local sureties of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

I t is also observed that if the applicant is found in any of the criminal activities, after his / her release on bail, then the present bail order shall stand cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.