JUDGMENT 1. - Heard the learned counsel for the petitioner and the learned Public Prosecutor. 2. This is 5th application for grant of bail under Section 439 Criminal Procedure Code. The last one was rejected by this Court on August 26, 1992. The third bail application was rejected on 7th May, 1992 and it was observed while rejecting the application "the petitioner was arrested on 14.2.1992, and if no progress is made in the trial of the case, it shall be open to the petitioner to approach this Court after six months". While rejecting the 4th bail application, this Court again reiterated that in case no progress is made in the trial of the case as per the order dated 7.5.92, the petitioner shall be free to move fresh application after 7.11.92. Thereafter this application was moved by the petitioner on 11.11.92. 3. The learned counsel submits that the petitioner is facing trial alongwith other co-accused persons under Section 309/439 Indian Penal Code and all other co-accused persons have been released on bail. He further submits that the petitioner is in jail since 14.2.92 and only 5 witnesses have been examined so far. He further submits that the prosecution witnesses did not turn-up on the last many dates of hearing. 4. I have perused the various order-sheets of the trial Court which indicate that the prosecuting agency is not keen in the expeditious trial of the case and the prosecution witnesses did not turn-up on the last several dates of hearing. Without commenting on the merits of the case but taking into consideration the long detention of the petitioner and the fact that no satisfactory progress in the trial has been made inspite of the specific order of this Court, I think it just and proper to now release the petitioner on bail under Section 439 Criminal Procedure Code. 5. It is, therefore, ordered that the accused-petitioner Babu s/o Binja shall be released on bail provided he furnishes a personal bond in the sum of Rs. 10,000/-(Rs. Ten Thousand) with two sureties in the amount of Rs. 5,000/- each to the satisfaction of the trial Court with the stipulation to appear in that Court or any other Court as and when called upon to do so during the pendency of the trial against him in this case. *******