JUDGMENT

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

2. This is the applicant's first bail application under Section 439 of Criminal Procedure Code, 1973. He is implicated in connection with Crime No.312/2022 registered at Police Station Juni District Indore for offence punishable under Sections 420,506,120-B of IPC. The applicant is in custody since 31/08/2022.

3. The allegation against the applicant is that he was running a small mall and after obtaining the goods from various vendors on credit, he eloped with the goods.

4. Counsel for the applicant has submitted The goods misappropriated by the applicant has already been recovered and handed over to the respective complainants.It is further submitted that the applicant was admitted in Sadhbhavana Trust Hospital, Vadali (Mahua) Gujarat from 18.07.2022 to 01/08.2022 and only because of his ailment he had removed the goods from one shop and had shifted them to another shop at Sanchar Rajasthan, Jalore.

5. Counsel for the applicant has submitted that the applicant is in jail since 31.08.2022. The charge sheet has been filed. The case is triable by the Judicial Magistrate First Class and the final conclusion of the trial is likely to take a long time. Hence, it is prayed that the application be allowed.

6. Counsel for the respondent / State has also opposed the prayer.

7. Having considered the rival submissions, on perusal of the case diary, the documents filed by the applicant and also taking note of the fact that the amount has already been recovered there are no criminal antecedents although three cases have been registered against him including the present case at the same time by the three vendors and the final conclusion of trial is likely to take sufficient long time, this Court finds force with the contention raised by the counsel for the applicant. Thus, this Court finds it expedient to allow the present application. Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed.

8. Th e applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) 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.

9. It is also observed that after his/her release on bail, if the applicant is found in any of the criminal activities, the learned Judge of the trial Court shall after giving an opportunity of hearing to the applicant, be at liberty to cancel this bail order without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.

Certified copy, as per rules.