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Judgment
20 paragraphs · 358 wordsG.S. Ahluwalia, J
This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 23/10/2021 in connection with Crime No.119/2021 registered at Police Station Mugalsaray, District Vidisha for
offence under Sections 379 of IPC and Section 136 of Electricity Act.
It is submitted by the counsel for the applicant that according to the prosecution case, the applicant had committed theft of oil from the electric
transformer. He is in jail from 23/10/2021 i.e. more than two and half months.
So far as the criminal history is concerned, three criminal cases were registered against the applicant on the same day. The applicant is ready and
willing to abide by any stringent condition, which may be imposed by this Court. The Trial is likely to take sufficiently long time and there is no
possibility of his absconding or tampering with the prosecution case.
Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that the applicant has a criminal history and two more
criminal cases similar in nature have been registered against him.
Considering the facts and circumstances of the case, without commenting on the merits of the case, the application is allowed. It is directed that the
applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the
satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
It is further directed that the applicant shall appear before the S.H.O. Police Station Mugalsaray, District Vidisha on 1st of every month during the
pendency of the Trial. In case of bail jump or non-appearance of the applicant before the police station as directed by this Court, this order shall lose
its effect.
In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal
Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.
Certified copy as per rules.