A court may grant bail based on the duration of custody and the nature of the trial, emphasizing that prior criminal history alone cannot justify indefinite detention.

ORDER

Heard and perused the record.

2. This is first bail application filed under Section 483 of BNSS, 2023 ( Section 439 of the Cr.P.C , 1973) for grant of bail during trial relating to Crime No.175/2024, registered at Police Station-Juni Indore, District-Indore for the offence under Sections 380, 411 & 457 of IPC 1860. The applicant is in custody since 17.05.2024.

3. As per prosecution story, the allegation against the present applicant that of committing theft alongwith other co-accused persons.

4. Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case. Four silver anklets and one gold chain (earring) has been recovered from the applicant and at his NEUTRAL CITATION NO. 2024:MPHC-IND:34539 instance, Rs.50,000/- cash has been recovered from the applicant's uncle. The applicant is in custody since 17.05.2024 (more than six months in custody). The case is triable by Judicial Magistrate First Class and final conclusion of the trial is likely to take sufficient long time, therefore, it is prayed that the MCRC-52259-2024 application be allowed and the applicant be released on bail.

5. Learned counsel for the State opposes the application and prays for its dismissal by submitting that there are 8 criminal cases registered against the applicant and out of them 5 cases are of same nature.

6. In reply, counsel for the applicant stated that only on the basis of criminal history, no one can be kept in jail for indefinite period, especially when the case is triable by JMFC.

7. Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties and the case is triable by JMFC but without commenting on the merits of the case, the application filed by the applicant is allowed.

8. 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, to appear before the trial Court on the dates given by the Court. The applicant shall also abide by the conditions enumerated under Section 480 (3) of BNSS.

9. By way of abundant caution, it is further directed that the NEUTRAL CITATION NO. 2024:MPHC-IND:34539 (PREM NARAYAN SINGH) JUDGE sumathi applicant shall also mark his presence before the concerned Police Station on 1st and third Tuesday of every month between 10.00 am to MCRC-52259-2024 12.00 noon during pendency of the trial. Any default in attendance in court and marking presence in the concerned police station, would result in cancellation of bail granted by this Court thereby entitling the police to take the applicants in custody immediately.

10 . 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.