Bail may be granted based on the circumstances of the case, including the duration of custody and compromises reached, without commenting on the merits.

Heard and perused the record.

This is the THIRD bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure for grant of bail. The applicant is arrested in relation to Crime/FIR No.470/2023, registered at Police Station- Kishanganj, District-Indore for the offence under Section 420 of IPC. Applicant is in custody since 19.05.2023. His first bail application was rejected as simply withdrawn and second bail application was dismissed as withdrawn with liberty to file afresh after four months. Now, the aforesaid period is over, hence, the present petition has been filed by the applicant.

2. As per prosecution story, the allegations against the applicant is that he has committed forgery with the complainants.

3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. The applicant is in jail since 19.05.2023. It is also submitted that all the complainants have already compromised the case with the present applicant and on the basis of said compromise, the learned trial Court has discharged the petitioner from the charged under Section 467, 468 and 471 of IPC. The case is triable by Judicial Magistrate First Class and conclusion of trial will take sufficient long time.

Under these circumstances, counsel prays for grant of bail to the applicant.

4. On the other hand, learned counsel for the State has opposed the prayer and prayed for its rejection. However, Shri A.S. Rathore, learned counsel for the complainant appearing in connected CRR No.5654/2023 filed on behalf of the complainant has admitted that the compromise has been arrived at between the applicant and complainants.

5. After hearing learned counsel for the parties and looking to the facts and circumstances of the case and custody period, I am of the view that it is a case, in which applicant may be released on bail. Consequently without commenting on the merits of the case, first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.

6. It is directed that applicant 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 . 7. This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.