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Judgment
The applicant has filed this first application under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 11-12-2019 in
connection with Crime No.305/2018 registered at Police Station, Kampoo, District Gwalior, for the offence punishable under Section 392 of IPC and
Sections 11/13 of the MPDVPK Act.
It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since
11.12.2019, whereas charge-sheet has already been filed. It is further submitted that without any criminal antecedents applicant is in confinement
which amounts to pre-trial detention. No test identification parade has been conducted ever and FIR does not disclose the name of present applicant.
Co-accused Ajit Tomar has been granted benefit of bail vide order dated 30.7.2019 passed in M.Cr.C.No.30509/2019. He undertakes to cooperate in
trial and to appear before the trial Court as and when required. He undertakes to perform community service. Thus, prayed for bail.
Learned Public Prosecutor for the State opposed the prayer and prayed for dismissal of the application.
Considering the submissions advanced, looking to the facts and circumstances of the case, but without commenting on the merits of the case, the
application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One
Lac Only) with two solvent sureties of Rs.50,000/- each to the satisfaction of Trial Court concerned.
This order will remain operative subject to compliance of the following conditions by the applicant:-
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Certified copy as per rules.