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Judgment
20 paragraphs · 372 wordsSatyendra Kumar Singh, J
This is first application filed under section 439 of Cr.P.C. for grant of bail to the applicant, as he has been arrested on 5/1/2022 in connection with
Crime No.487/2021 registered at Police Station Rajpur District Barwani for commission of offence punishable under Sections 420,406/34 of IPC.
Prosecution story, in brief, is that applicant along with other co-accused persons with intent to cheat the complainant Dinesh on false pretext of
construction work took 27 qunitals of Iron-rod (Sariya) amounting Rs.1,50,000/- and misappropriated the same.
Learned counsel for the applicant submits that there was a money dispute between the applicant and complainant due to which false case has been
made against him. He purchased the Iron-rods which has already been seized from his possession. His custodial interrogation is no more required in
the matter. He is in custody since 5/1/2022. Trial will still take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.
Learned counsel for respondent/State has opposed the application and submits that applicant has taken Iron-rod from some other people also. He is an
habitual offender. Therefore, he is not entitled for bail.
Having considered the rival submissions, material produced on record and also the nature of allegations made against the applicant, this Court is of the
view that the applicant deserves to be enlarged on bail, hence, without commenting anything on the merits of the case, the application is allowed.
It is directed that the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand
Only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the trial Court on all such dates as
may be fixed in this behalf by the trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section
437 (3) of Cr. P. C.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned Jail Authority is directed to follow the directions/guidelines issued by
the Government with regard to COVID-19 before releasing the applicant.
This M.Cr.C. stands allowed and disposed of.
C. C. as per rules.