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Judgment
Subodh Abhyankar, J
They are heard. Perused the case diary / challan papers.
This is the applicants' second application under Section 439 of Criminal Procedure Code, 1973. The applicants are implicated in connection with Crime
No.344/2020 registered at Police Station Meghnagar, District Jhabua (MP) for offence punishable under Sections 457, 411 and 380 of Indian Penal
Code, 1860.
The applicants are in custody since 26.11.2020.
The allegation against the applicants is one of theft of battery from cellphone towers.
The earlier bail application of the applicants Miscellaneous Criminal Case No.6821/2021 was dismissed on 08.03.2021 with a liberty to renew their
prayer after the examination of the seizure witnesses.
Learned counsel for the applicants has submitted that now the seizure witnesses have already been examined before the trial Court and have not
supported the case of the prosecution. Copies of their deposition have also been placed on record.
It is further submitted that the applicants are in jail since 23.11.2020 and the final conclusion of the trial is likely to take sufficiently long time. Thus, it is
submitted that the application be allowed and the applicants be released on bail.
Counsel for the State, on the other hand, has opposed the prayer for grant of bail.
On due consideration of the rival submissions and taking note of the fact that although their earlier bail application M.Cr.C. No.6821/2021 was
dismissed on 08.03.2021, however, subsequently the seizure witnesses have been examined and they have not supported the case of the prosecution.
In view of the same, taking note of the fact that the applicants are in jail since 23.11.2020, I find force with the contention raised by the counsel for the
applicants.
Accordingly, without adverting to the merits of the case, the application filed by the applicants is hereby allowed. The applicants are directed to be
released on bail upon each of them furnishing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand) with one solvent surety of the like
amount to the satisfaction of the trial Court for their regular appearance before the trial Court during trial with a condition that they shall remain
present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code,
1973. It is also observed that if the applicants are found to be involved in any criminal activities, after their release on bail, then the present bail order
shall stand cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy as per rules.