Full Judgment
M.Cr.C.No.3429/2013 9.5.2013 Shri Madan Singh, Advocate for the applicant.
Shri Akshay Namdeo, PL for the State.
This is the second bail application filed by the applicant under Section 439 of the Cr.P.C.for grant of bail.
Previous application M.Cr.C.No.464/2013 was dismissed as withdrawn on 18.2.2013.
The applicant is in custody since 13.12.2012 in connection with Crime No.442/2012 registered at P.S.Begamganj, District Raisen for the offence punishable under Sections 457, 380 of the IPC.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case.
After dismissal of the previous application, 3-4 witnesses have been examined before the trial Court.
The offence is triable by the Magistrate.
The applicant is in custody and trial would take considerable time to conclude, therefore, he be released on bail.
Learned counsel for State has opposed the application.
On due consideration of the contention raised by the learned counsel for the parties, period of custody of the applicant and overall facts and circumstances of the case, I am of the considered view that it is a fit case to release the applicant on bail, therefore, without expressing any view on the merits of the case, the application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in a sum of Rs.30,000/- (Rs.Thirty Thousand only) with one surety in the like amount to the satisfaction of the committal Court/trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.
Certified copy as per rules.
(G.S.Solanki) Judge PB