The court's decision was influenced by the lack of support from prosecution witnesses and the nature of allegations in allowing the bail application under Section 439 of the Cr.P.C.

JUDGMENT

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

This is the second bail application under Section 439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.534/2020 registered at Police Station Banganga, District ' Indore (MP) for offence punishable under Sections 326, 506, 34 and 307 of IPC and Section 25 of arms act. The applicant is in custody since 03.06.2020.

His earlier bail application M.Cr.C. No.46727 of 2020 was dismissed by this Court on 27.05.2021 as withdrawn.

Counsel for the applicant has submitted that the injured in the present case PW-1 Ravi Yadav has already been examined and has not supported the case of the prosecution. Copy of his deposition is also placed on record. Counsel has further submitted that the other material prosecution witnesses have also been examined and they have also not supported the case of the prosecution. It is further submitted that the applicant is in jail since 03.06.2020 and the final disposal of the case is likely to take sufficient long time.

Counsel for the respondent/State, on the other hand, has opposed the prayer and it is submitted that looking to the nature of injuries, which have been on the stomach and on thigh of the complainant, no case for grant of bail is made out, despite the fact that he has not supported the case of the prosecution.

On due consideration of submissions and on perusal of the case-diary as also the deposition of the prosecution witnesses, this Court is of the opinion that considering the nature of allegations levelled against the applicant, the application can be allowed on certain strict conditions.

accordingly, without commenting anything on the merits of the matter, the application filed under Section 439 of Cr.P.C. on behalf of the applicant is hereby allowed, subject to the applicant depositing a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) before the trial Court. The said amount shall be subject to the final outcome of the case by the trial Court. It is further directed that upon applicant's or any person on his behalf depositing a sum of Rs.25,000/- in a fixed deposit in a nationalized bank and producing the receipt/certificate of the same before the concerned trial Court, he shall be released on bail upon furnishing a bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety bond of the same amount to the satisfaction of the trial Court, to appear before the trial Court on the dates given by the Court. The deposit receipt/certificate so produced by the applicant shall be endorsed by the learned Judge of the lower Court to be, 'furnished towards the bail of the applicant and shall be subject to the final decision of the case by the trial Court'.

It 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.

It is also directed that the applicant will abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.

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.