The completion of three months in custody and the applicant's acquittal in most of the cases were considered as grounds for allowing the bail application.

JUDGMENT

Subodh abhyankar, J. - This is the second bail application under Section 439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.406/2021 registered at Police Station Simrol, District - Indore (MP) for offence punishable under Section 34(2) of M.P. Excise act and Sections 25 and 27 of arms act. The applicant is in custody since 03.11.2021.

His earlier bail application M.Cr.C. No.62125 of 2021 was dismissed by this Court vide order dated 23.12.2021 as withdrawn with liberty to renew the prayer after completion of three months of incarceration.

Counsel for the applicant has submitted that the applicant was arrested on 03.11.2021 and as such it has already been more than three months from the date of his arrest. It is further submitted that so far as the 19 criminal antecedents, which have been noted by the learned Judge of the trial Court are concerned, applicant has already been acquitted in 16 of such offences and even most of them are under Sections 294 and 323 of IPC. It is also submitted that the other co-accused persons, who are also present on the spot along with the present applicant have already been released on bail by this Court in M.Cr.C. No.57158 of 2021 vide order dated 21.12.2021 and otherwise the case of the present applicant is identical to that of the other co-accused persons. Thus, it is submitted that the application be allowed.

Counsel for the respondent/State, on the other hand, has opposed the prayer and it is submitted against the other co-accused persons there were no criminal antecedents, which is the distinguishing feature.

Having considered rival submissions, perusal of the case-diary as also the order passed by this Court in M.Cr.C. No.62125 of 2021, taking note of the fact that he has already completed three months time and in most of the cases registered against him, he has already been acquitted, 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.2,00,000/- (rupees two lakh) 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.

Looking to the criminal antecedents of the applicant, it is also directed that the applicant shall mark his presence before the concerned police station on every Sunday between 12:00 noon to 4:00 PM.

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.

Certified copy as per rules.