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Judgment
21 paragraphs · 390 wordsNandita Dubey, J
This is the first bail application filed by the applicant under Section 439 of the Cr.P.C.
The applicant is in custody since 27.03.2021 in connection with Crime No.125/2021 registered at P.S. Gadarwara, District-Narsinghpur (MP) for the
offence punishable under Sections 379, and 34 of I.P.C.
As per prosecution, a complaint was lodged that in the intervening night of 11.02.2021/12.02.2021 from the petrol pump (Ekansh Fuel Station), about
2000-3000 liters of petrol has been stolen. On the basis of which, an FIR against the unknown persons was registered. During investigation, one
Virendra Yadav was arrested in connection with some other crime and from his memorandum, it came out that the present applicant was involved in
the crime committed at Ekansh Petrol Pump.
Learned counsel for the applicant submits that the applicant has been implicated only on the basis of the memorandum of co-accused. He has not
committed any offence. He is in custody since 27.03.2021. The trial is going to take a long time to conclude. Hence, he may be released on bail.
Learned Panel Lawyer for the respondent/State submits that the applicant has previous criminal history. However, it is seen from the record that all
the cases are registered on the same day, i.e., on 26.3.2020.
After considering the submissions made by counsel for the parties and looking to the fact that the applicant has been implicated in the present case
only on the basis of the memorandum of co-accused, this application is allowed.
It is directed that applicant      be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only)
with one surety in the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.
It is further directed that the applicant shall also comply with the provisions of Section 437(3) of Cr.P.C.   Â
A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to the concerned learned Panel Lawyer on their
respective email address         for intimation to the Police Statio concerned. The office is requested to forward a copy of this order
to the learned Court below also.
Certified copy/e-copy as per rules/directions.