The court considered the similarity of the applicant's case to that of the co-accused who had been granted bail previously and the likelihood of a lengthy trial as grounds for allowing the bail application.

JUDGMENT

Subodh abhyankar, J. - This is the second application under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.372/2021 registered at Police Station Daloda, District Mandsaur (MP) for offence punishable under Sections 294, 326, 325, 323, 506, 147, 148, 149 of the Indian Penal Code, 1860. His earlier bail application M.Cr.C. No.53458/2021 has been dismissed as withdrawn on 26/11/2021. The applicant is in custody since 20/10/2021.

Allegation against the applicant is that the applicant and the other accused persons assaulted the complainant party wherein one Karulal suffered head injury.

Counsel for the applicant has submitted that the co-accused have already been granted bail by this Court in M.Cr.C. No.46896/2021 and 61051/2021 vide order dated 04/01/2022 and the case of the present applicant is akin to that of co-accused persons who have been granted bail by this Court. It is further submitted that the applicant is in jail since 20/10/2021 and 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 no case for grant of bail is made out, however, it is not denied that the case of the applicant is akin to that of co-accused persons who have already been granted bail by this Court.

Having considered the rival submissions and on perusal of the case diary as also the order passed in respect of other co-accused persons, this Court finds force with the contentions raised by the counsel for the applicant 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.

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 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.