The court's decision to grant bail was based on the grounds of parity with the co-accused, the lack of support from prosecution witnesses, the small amount involved in the possession of the applicant, and the likelihood of a long trial.

JUDGMENT

Subodh abhyankar, J. - They are heard and perused the case diary.

This is the applicant's second bail application filed under Section 439 of Cr.P.C. The applicant is implicated in connection with Crime No.74/2019 registered at Police Station- Thandla, District-Jhabua (MP) for offence punishable under Section 392 of I.P.C. The applicant is in custody since 17.2.2020.

applicant's first bail application-M.Cr.C.No.27993/2020 was dismissed as withdrawn with liberty to revive the prayer after six weeks by this Court on 21.12.2020.

Counsel for the applicant has submitted that now it has already been more than six weeks time and the co-accused Raju has already been granted bail by this Court in M.Cr.C.No.8460/2022 on 23.2.2022 and this Court has also noted that the prosecution witnesses have already been examined in court and have not supported the case of the prosecution. So far as the merit of the case is concerned, from the possession of present applicant, an amount of Rs.1200/-only has been recovered. It is further submitted that the applicant is in jails since 17.2.2020; charge sheet has already been filed and the final conclusion of the trial is likely to take long time. Thus, on the grounds of parity, counsel has submitted that the bail application be allowed.

Counsel for the respondent/State, on the other hand, has submitted that the case-diary is not available.

On due consideration of the rival submissions, on perusal of the documents available on record, this Court finds force with the contention raised by the counsel for the applicant. In view of the same, on the grounds of parity, the present bail application of the applicant 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 one solvent surety 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.

It is also observed that if the applicant is found to be involved 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.