The court granted bail under Section 439 of the Cr.P.C. considering the applicant's prolonged detention and the nature of the offence, without commenting on the merits of the case.

This second bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant for grant of regular bail in relation to FIR No. 268/2023 dated 9.5.2023, registered at Police Station Kotwali, District Chhindwara (M.P.) for commission of offence under Section 392, 34 of IPC. Applicant is in detention since 19.5.2023.

2. Applicant's first bail application was dismissed as withdrawn and not pressed vide order dated 5.9.2023 passed in M.Cr.C. No.35919/2023 with liberty to renew the prayer for bail after a period of six months from the date of order.

3. As per prosecution story on 7.5.2023 at around 12.30 P.M. applicant along with one another looted gold chain worn by the complainant. FIR was registered. After investigation charge sheet has been filed.

4. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. No looted chain was seized from his possession. Offence is triable by JMFC. Therefore, it is prayed that applicant may be released on bail.

5. On the other hand, learned counsel for the respondent/State has opposed grant of bail on the ground that applicant has criminal background of five cases.

6. Applicant is in jail almost for a period of one year. Offence is triable by JMFC. Therefore, having taken into consideration his detention period and the fact that offence is triable by JMFC, but without expressing any opinion on the merits of the case, I a m inclined to release the applicant on bail.

Consequently, this second bail application under Section 439 of Cr.P.C. filed on behalf of applicant, stands allowed.

7. It is directed that applicant - Harshvardhan be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C. 8. This order shall be effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.