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Judgment
9 paragraphs · 352 wordsG.S. Ahluwalia, J
This is application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 14/06/2021 in connection with Crime No.110/2021 registered at Police Station Cheenor, District Gwalior for offence under Section 392 of IPC and Section 11/13 of MPDVPK Act.
It is submitted by the counsel for the applicant that according to the prosecution case, on 13/06/2021 complainant and his wife were looted by three persons on the gun point and bag of the wife of the complainant, which was containing certain silver ornaments, was taken away. It is submitted that although one pair of silver Payal, one silver Karghani, one pair of Bichiya are alleged to have been seized from the possession of the applicant. The applicant was put for Test Identification Parade after three and half months of his arrest. The charge-sheet has been filed. The applicant has no criminal history. The applicant is ready and willing to abide by any condition which may be imposed by this Court. It is further submitted that co-accused Ajay Kushwah and Munendra Singh have been granted bail by this Court by order dated 26/10/2021 and 27/10/2021 passed in MCRC Nos.52095/2021 and 52690/2021.
Per contra, the application is vehemently opposed by the counsel for the State.
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.
This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.
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.