The court may grant bail under Section 439 of Cr.P.C. considering the period of incarceration, the amount seized from the applicant, and the likelihood of a lengthy trial.

JUDGMENT

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

This is the first application under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.203/2021 registered at Police Station Khujner, District Rajgarh (MP) for offence punishable under Sections 406, 407, 436, 34 of the Indian Penal Code, 1860. The applicant is in custody since 26/07/2021.

Counsel for the applicant has submitted that the applicant was arrested on 26/07/2021 and as such he has already completed more than 8 months of incarceration. It is further submitted that the co-accused Lakhan has already been granted bail by this Court in M.Cr.C. No.5435/2022 vide order dated 11/02/2022 and the final conclusion of the trial is likely to take sufficient long time. Hence, it is submitted that the bail application be allowed and he be released on bail on the ground of parity.

Counsel for the respondent / State, on the other hand has opposed the prayer and it is submitted that the case diary is not available.

Having considered the rival submissions and on perusal of the charge sheet which is available with the counsel for the applicant and also taking note of the period of incarceration and the fact that a sum of Rs.2,75,000/- has been seized from the present applicant and the other accused who has also been granted bail by this Court and 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. Thus, without reflecting anything on the merits of the case, the application filed under Section 439 of Cr.P.C. on behalf of the applicant is hereby allowed subject to deposit a sum of Rs.1,00,000/-(Rupees One Lakh only), and the said amount shall be subject to the final outcome of the case by the trial Court.

The applicant is directed that upon the applicant's or any other person on his behalf depositing a sum of Rs.1,00,000/- (Rupees One Lakh only) 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 on his 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 made clear that if the applicant is again found to be involved in any other offence during the trial, this order shall stand cancelled automatically without reference to the Court and the police will be at liberty to arrest the applicant 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.

Certified copy as per rules.