The length of custody, filing of charge-sheet, and the likelihood of a prolonged trial are relevant factors in considering a bail application.

JUDGMENT

Deepak Kumar Agarwal, J. - This is first application u/S.439 Cr.P.C filed by the applicant for grant of bail.

2. The applicant was arrested on 12th October, 2022 in connection with Crime No.115/222 by Police Station- Anandpur, District- Vidisha(MP) for the offence punishable under Sections 394, 341, 427, 34 of IPC and later Section 120-B of IPC has been added while filing charge-sheet.

3. The allegation against present applicant/accused is that on 11.10.2022, complainant Bachan Singh lodged a written complaint with Anandpur Police Station that on 10.10.2022 in the evening 6.30 P.M., he along with his nephew Rakchpal from Bhopal in paan Masala container Isher 3014 M.P.07 GA 9296 to Guna started at 11.30 P.M. One Bulero vehicle came in front of the container, due to which the driver of the container stopped. Some unidentified persons got down from the Bulero attacked the glass of container. Another person climbed inside the cabin and spread over the chilly powder. He along with his nephew by leaving the container went through the field. Afterwards, along with articles, took away the container. Offence at Crime No.115/2022 under Sections 394, 341, 427, 34 of IPC was registered. Aforesaid container along with material was seized from outside the godown at Indore. Evidence came that present applicant/accused along with other accused persons conspired to loot the container property. After investigation charge-sheet has been submitted.

4. Learned Advocate for the applicant submitted that applicant has been falsely implication. Applicant is in custody since 12.10.2022. After investigation charge-sheet has been filed. Therefore, prays for grant of bail.

5. Learned Public Prosecutor for the State has vehemently opposed the bail application and prayed for its rejection.

6. Looking to the aforesaid facts and circumstances of the case, the applicant is in custody since 12.10.2022, charge-sheet has been filed and conclusion of the trial will take time, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes a cash surety of Rs.25,000/- (Rupees Twenty Five Thousand Only) alongwith a personal bail bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one local solvent surety of the like amount to the satisfaction of the trial Court, he should be released on bail with condition that if he remains absent during trial, the said security will stand forfeited automatically without notice to the applicant.

7. He will present during trial before the trial Court on each and every date and will cooperate with the trial. In case of default, the cash security of Rs. 25,000/- shall stand forfeited automatically

8. Application stands allowed and disposed of.

9. Certified copy as per rules.