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Judgment
9 paragraphs · 386 wordsG.S. Ahluwalia, J
This second application under Section 439 of Cr.P.C. has been filed for grant of bail. Previous application was dismissed by order dated 26.10.2021 passed in M.Cr.C. No. 49894/2021.
The applicant has been arrested on 25.09.2021 in connection with Crime No.268/2021 registered at Police Station Girwai Distt. Gwalior for offence under Sections 457, 380 of IPC.
It is submitted by the counsel for the applicant that first application was rejected by order dated 26.10.2021 passed in M.Cr.C. No. 49894/2021 with liberty to revive the prayer after undergoing some reasonable period of detention. It is submitted by the Counsel for the applicant that according to the prosecution case, the applicant is alleged to have looted the mobile from the complainant which is recovered from his possession, but the applicant is aged about 26 years and has no criminal antecedents. He is in jail for one and half months. His long incarceration may bring him to the company of the hard core criminals which may not be conducive for the future of the applicant because the applicant wants to improve himself and to become a good citizen. 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. However, after going through the police case diary, it is fairly conceded by the Counsel for the State that the applicant has no criminal history.
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.