JUDGMENT 1. - This order governs the disposal of third bail application filed under Section 439 of Cr.P.C. by Mr. S.R. Surana Advocate on behalf of the applicant Anis pertaining to F.I.R. No. 251/2008 of Police Station Gangapur City, District Sawai Madhopur, in the offences under Sections 394 and 397 of IPC. 2. Heard the learned counsel for the petitioner as also the learned public prosecutor for the State and perused the relevant material available on record. 3. Learned counsel for the petitioner canvassed that out of four accused persons, two accused persons namely Jabbar and Muktiyar were bailed out by the District Judge, Gangapur City, Sawai Madhopur on 7th and 25th August, 2008 respectively and the accused Shahjad has been granted indulgence of bail by this Court on 25th February, 2010. He further canvassed that the entire recovery of arms has been made from the possession of the co-accused Shahjad. So far as the accused Anis is concerned, neither any recovery has been made from his possession nor any information was supplied by him to the police with regard to any incriminating article. There is, of course, an evidence of identification against the accused Anis but that is of no avail, as the accused Anis was arrested on 15th April, 2008 and the identification took place on 2nd May, 2008, i.e. after 17 days of his arrest. All the accused, except the. petitioner, are on bail and the learned trial court has not framed even the charge against them. The petitioner has been in custody for the last two years and seven months, but the trial even has not begun against him. The stage of the case even today is what was 2½ years back, hence, keeping in view all these facts and circumstances, the accused petitioner Anis whose case is on a better footing than those of the co-accused persons, he may also be granted indulgence of bail. 4. Learned Public Prosecutor appearing on behalf of the State is standing in the court without file. He did not dare even oppose bail petition. 5. Having considered the submissions made at the bar and scanned the relevant material on record including the detailed report dated 8th November, 2010, sent by the concerned court, it is noticed that the accused has been in custody since 15th April, 2008. He did not dare even oppose bail petition. 5. Having considered the submissions made at the bar and scanned the relevant material on record including the detailed report dated 8th November, 2010, sent by the concerned court, it is noticed that the accused has been in custody since 15th April, 2008. After submission of the charge-sheet, the court has not even framed the charges against them. The trial is stand still. Three accused persons are already on bail. The accused petitioner Anis is the only one who is in custody. Since the date, the accused has been in custody, there has been no progress in the trial of the case till date. One of the accused persons has been absconding. Looking to the pace of trial, it is not made out as to how much more time the trial would take to conclude. Hence, under the circumstance, it does not appear to be just and proper to keep the accused under detention and he deserves to be granted indulgence of bail. 6. It is, therefore, ordered that the accused petitioner Anis S/o. Shri Aziz in F.I.R. No. 251/2008 of Police Station Gangapur City, District Sawai Madhopur, shall be released on bail on furnishing a personal bond of Rs. 50,000/- together with two solvent local sureties bonds each in the sum of Rs. 25,000/- to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial Is concluded.Bail Application Allowed. *******