AI Structured Summary
Not yet generated for this judgment
Judgment
These are first applications filed under section 439 Cr.P.C seeking bail in connection with crime No.209/2019 registered at Police Station Kanad, district Agar Malwa for the offence punishable under sections 457 & 380 of the IPC.
As per the prosecution case, applicants broke lock of the Govt. fair price shop and committed theft of 7 bags of wheat, 4 bags of rice and 4 bags of pulses.
Learned counsel for the applicants submit that applicants have been falsely implicated in the offence. The FIR has been filed against unknown persons. The investigation is complete and charge sheet has been filed. The offence is triable by Magistrate. The applicants are in custody since12.10.2019. The applicants are ready and willing to deposit the price of the theft material. The conclusion of trial will likely to take long time, hence prayed for release of the applicants on bail during trial.
Learned Govt. Advocate opposes the bail applications and submitted that the entire theft material (grains) could not be recovered from the applicants as some of the food material has been consumed by them.
Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the applicants, without commenting on the merits of the case, the applications filed by the applicants are allowed and they are directed to be released on bail subject to their depositing the price of the theft material (grains) in the trial Court which shall be calculated by the trial Court and on each of them furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial court for their regular appearance before the trial court during trial with a condition that they shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C. The amount so deposited by the applicants shall be kept in FDR and if the accused/applicants are acquitted from the charges which shall be refunded to them.
C.c as per rules.