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Judgment
9 paragraphs · 359 wordsPrakash Chandra Gupta, J
Heard with the aid of case diary.
This is first application filed under Section 439 of Cr.P.C. for grant of bail to the applicant/accused, relating to FIR/Crime No.398/2021 dated (not mentioned) registered at Police Station - Makdon, District Ujjain (M.P.) for commission of offence punishable u/S 379, 457 and 380 of IPC.
Learned counsel for the applicant/accused submits that as per prosecution story, 275 litres of diesel amounting to Rs.27,500/- is allegedly stolen from tractors. The name of the applicant does not find place in the FIR. There is no material on the basis of which applicant is arrested. Investigation is pending. Applicant is in custody since 01.05.2024. The offence is triable by the Judicial Magistrate First Class. Co-accused Sadik was arrested on 11.05.2024 and he has already been granted bail by the Trial Court. Trial will take considerable long time for its disposal, therefore, it is prayed that the applicant be released on bail.
3 . On the other hand, learned counsel for the non-applicant/State has opposed the prayer and prayed for its rejection.
Having considered the rival submissions and after perusal of the case diary so also considering the facts and circumstances of the case, without commenting on the merits of the case, this Court is of the view that applicant deserves to be enlarged on bail hence, the application is allowed.
It is directed that the applicant - Hanif shall be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the concerned Trial Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during pendency of the trial. It is further directed that applicant shall comply with the provisions of Section 437(3) of Criminal Procedure Code, 1973.
This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.
With the aforesaid, this application is allowed and stands disposed of. Certified copy, as per Rules.