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Judgment
Deepak Kumar Agarwal, J
This is 1st bail application under Section 439 of Cr.P.C. filed by the applicant for grant of bail.
Applicant has been arrested on 3.9.2022 by police Station, Hazira, Distt.
Gwalior, in connection with crime No.424/2022 for the offence punishable under Sections 379, 411 and 413 of IPC.
As per prosecution case, police got information that conversation regarding sell and purchase of stolen motorcycle is going on near Maujmahar bridge. Police reached there and apprehended the applicant and seized the stolen motorcycle. Thereafter from his house six stolen motorcycles were seized. Crime for the aforesaid offences was registered. After investigation, charge-sheet has been filed.
Learned counsel for the applicant submits that applicant is innocent and falsely implicated in the case. He is in custody since 3.9.2022. Investigation has been complete and charge-sheet has been filed. In seven previous cases, he has been acquitted. He undertakes to cooperate in trial. Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail.
Learned counsel for the State opposed the application on the ground that applicant has criminal history of 22 cases and prayed for its rejection.
Both the Advocates are heard. Case diary perused.
Looking to the facts & circumstances of the case, without commenting upon merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes cash surety of Rs.25,000/- alongwith bail bond of Rs.25,000/-(Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.
He will present during trial before the trial Court on each and every date.
In case of default, cash surety of Rs. 25,000/- shall stand forfeited automatically.
Application stands allowed and disposed of.
Copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.