ORDER

This is SECOND bail application filed on behalf of the applicants under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail. The applicants are arrested in relation to Crime/FIR No.06/2020, dated (not mentioned) registered at Police Station- Tanda, District-Dhar (MP) for offence under Section 302, 452, 147, 148, 149 of IPC, 1860 and Section 25, 27 of Arms Act, 1959. Applicants are in custody since 25.10.2023. Earlier, first bail application of the applicants was dismissed as withdrawn vide order dated 06.12.2023 passed in M.Cr.C. No.53941/2023. 2 . Allegation against the applicants is that they are involved in the aforesaid offence wherein the accused persons assaulted the deceased Ram Singh with gun, bow and arrow due which he succumbed on the spot.

3. Learned counsel for the applicants submits that allegation against the applicants is that of assaulting the deceased with bow and arrow. Main allegation of causing gun shot injury is against Noorsingh. Co-accused Sekda, Hathriya, Kala @ Kelam Singh have already been enlarged on bail by the co- ordinate Bench of this Court. Applicants are in custody only because they have not surrendered earlier and later on they were arrested and now already they have completed more than 6 months in custody. There is one criminal antecedents against applicant Kuwarsingh, while there is no criminal antecedents against the applicant- Chhatarsingh. The applicants are in custody since 25.10.2023. Conclusion of trial will take a sufficient long time. Under these circumstances, counsel prays for grant of bail to the applicant.

4. Learned counsel for the State opposes the application and prays for its dismissal.

5. Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties and custody period of the applicants, but without commenting on the merits of the case, the application filed by the applicants is allowed.

6. It is directed that applicant be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) each with on solvent surety each in the like amount to the satisfaction o f the trial Court, to appear before the trial Court on the dates given by the Court. The applicants shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

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.

Certified copy as per rules.

(PREM NARAYAN SINGH) JUDGE sumathi