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Judgment
19 paragraphs · 346 wordsG.S. Ahluwalia, J
This is first application filed under Section 439 of Cr.P.C. for grant of bail.
The applicant has been arrested on 15.12.2020 in connection with Crime No. 782/2019 registered by Police Station Janakganj, District Gwalior for
offence punishable under Sections 457, 380, 201 of IPC.
It is submitted by the counsel for the applicant that according to prosecution case four mobile phones and an amount of Rs. 1,500/- was stolen from
the house of the complainant. As per the prosecution case three stolen mobile phones have been recovered from the possession of the applicant,
whereas in respect of the other mobile phone he has informed that the same was thrown. The applicant has been falsely implicated. Looking to the
criminal antecedents of the applicant, he is ready and willing to abide by any stringent condition which may be imposed by the Court. The applicant is
in jail for the last more than two months and the trial is likely to take sufficiently long time.
Per contra, the application is opposed by the counsel for the respondent/State. It is submitted that applicant has criminal history and as many as seven
criminal cases have been registered against the applicant including one under NDPS Act.
Heard the learned counsel for the parties.
Considering the allegations as well considering the facts of the case and 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/-(Rs. One Lac Only) with one surety in the like
amount to the satisfaction of CJM, Gwalior to appear before the trial Court on the dates given by the concerned Court.
It is further directed that the applicant shall appear before the S.H.O. Police Station Janakganj, District Gwalior on 1st of every month during the
pendency of the Trial.
This order shall remain effective till the end of the trial but in case of bail jump, it shall become ineffective.
The condition as mentioned under Section 439 of Cr.P.C would be applicable.