Shakti vs State Of Madhya Pradesh

Subodh Abhyankar, J

This is the first bail application under Section 439 of Criminal Procedure Code, 1973 for grant of bail during the trial.

The applicant is facing trial in connection with Crime No.877/2021, registered at Police Station-Chandan Nagar, Indore for offence punishable under Sections 457 and 363 of IPC. Applicant is in custody since 28.11.2021.

The allegation against the applicant is that on 22.10.2021, applicant along with co-accused entered the house of the complainant and tried to abduct the girl aged 10 years.

Learned counsel for the applicant submitted that applicant has been falsely implicated and FIR in the present case has been lodged on 27.10.2021 and there is no explanation of delay in lodging the FIR. It is submitted that both the parties are residing in the same vicinity of slum area and are indulged in trivial disputes which lead to lodging of false report against the applicant. It is further submitted that applicant has no criminal antecedents. He is in jail since 28.11.2021. The final conclusion of trial is likely to take sufficient long time, thus it is submitted that the application be allowed and the applicant be released on bail.

Learned Panel Lawyer for the non-applicant/State on the other hand, opposed the prayer submitting that no case for grant of bail is made out. It is submitted that case diary is not available.

Having considered the rival submissions, on perusal of record and considering the delay in lodging the FIR coupled with the fact the final conclusion of the trial is likely to take sufficiently long time this Court finds it expedient to allow the present bail application.

Accordingly, without commenting on the merits of the case, the application filed by applicant is allowed. Applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety each of 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 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 after being released on bail, if applicant again indulge himself in any criminal activity, the present bail order shall stand cancelled without further reference to the Court and the police shall be entitled to arrest applicant 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.