JUDGMENT 1. - Heard. Perused the relevant record. The petitioner was facing trial before the learned Special Judge (Dacoity Affected Area), Dholpur for the offences under section 399 & 402 IPC and Under section 3/25 of the Arms Act along with co-accused persons and was granted bail on 9.1.91. However, on 5.1.95 when the case was fixed for recording the prosecution evidence. The petitioner and co-accused Kedar remained absent and as such their bail bonds were forfeited and proceedings Under section 446 were initiated. Arrest warrants were issued from time to time and ultimately on 19.1.98 he was arrested and produced before the trial court. 2. It was contended by the learned counsel for the petitioner that since the petitioner suffered mental imbalance. He was taken to various temples including that of Mehandipur Balaji and as such he could not attend the court. The learned Trial Judge however rejected the petitioner's bail application. 3. Mr. Hemant Singh has submitted that the petitioner shall now attend the court regularly and since the petitioner suffered mental imbalance. He could not attend the court on the fixed date. It is true that due to his negligence, the trial of the case has been unnecessarily delayed. However, the petitioner is in judicial lock-up for the last more that one and half months the trial of this case is likely to take considerable time. 4. Hence keeping in view all the facts and circumstances of the case and in the interest of justice, it will be just and proper to grant one more opportunity to petitioner to remain on bail. 5. Accordingly, this application filed under section 439 Cr.PC. is allowed and it is, therefore, ordered that the accused petitioner Nirbhay Singh son of Panche Gurjar be released on bail provided he executes his personal bond for an amount of Rs.20,000/- (Rs. twenty thousand) and furnishes two sound and substantial sureties in a sum of Rs. 10,000/- each to the satisfaction of the trial court with the stipulation to appear in that court as and when called upon to do so during the pendency of the trial against him in Criminal Case No. 53/96. 6. twenty thousand) and furnishes two sound and substantial sureties in a sum of Rs. 10,000/- each to the satisfaction of the trial court with the stipulation to appear in that court as and when called upon to do so during the pendency of the trial against him in Criminal Case No. 53/96. 6. The petitioner shall also give a written undertaking to the effect that he shall not leave the territorial jurisdiction of District Dholpur without the permission of the trial court and shall not remain absent on any date fixed by the trial court, failing which, the trial court shall be at liberty to cancel his bail without reference of this Court. *******