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RohitKudiya
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This is the second repeat bail application under Section 439 of the Code of Criminal Procedure, 1973 filed on behalf of the applicant for grant of bail. His earlier bail application was dismissed vide order dated 29/09/2022 passed in M.Cr.C.No. 46894/2022. The applicant is in custody since 30/07/2022 in connection with Crime No.223/2022 registered at Police Station Simrol, District Indore (M.P.) for commission of offence punishable under Section 147, 294, 307 of the Indian Penal Code, 1860.Perused the impugned order of the trial Court as well as the case diary. After considering all the facts and circumstances of the case, nature and gravity of offence, arguments advanced by the learned counsel for the applicant and also taking note of the fact that complainant Abhishek (PW-1) and Narendra (PW-2) have been examined before the trial Court and they have turned hostile. They have categorically stated in their statement that present applicant did not cause any fatal injury to them. Matter has been compromised between the parties before the trial Court and on the basis of the compromise, applicant has been acquitted from most of the charges and final conclusion of the trial will take sufficient long time. In view of the material changes in the circumstances, I deem it proper to release the applicant on bail. Therefore, without commenting on the merits of the case, the application is allowed. Learned counsel for the applicant submits that the applicant is an innocent person and he has been falsely implicated in this offence. He is in custody since 30/07/2022. His earlier application was dismissed vid e order dated 29/09/2022 passed in M.Cr.C.No.46894/2022 but after that Abhishek (PW-1) and Narendra (PW-2) have been examined before the trial Court and they have turned hostile. They have not stated anything against the present applicant. Complainant and accused persons have also filed a joint petition for compromise before the trial Court and on the basis of the compromise applicant has been acquitted from the charges under Section 148, 323 (10 counts), 323/149 (10 counts), 427 (2 counts) and 506-II of the IPC vide order dated 15/12/2022 by the trial Court. Applicant is permanent resident of Indore district and final conclusion of the trial will sufficient long time. It is directed that applicant be released on bail on his furnishing personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court,