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Judgment
Dinesh Kumar Paliwal, J
This first bail application under Section 439 of the Code of Criminal Procedure has been filed on behalf of applicant for grant of regular bail relating to F.I.R. No.81/2023 dated 15.02.2023 of Police Station Habibganj, District-Bhopal (M.P.) for commission of offence under Section 457,380 of the IPC. Applicant is in detention since 02.03.2023.
2 . A s per the prosecution story, on 15.02.2023, Sudesh Saunrish, resident of Multi No.87 House No.G-2 PC Nagar, lodged an F.I.R about theft in his house between a period from 05.02.2023 to 15.02.2023. It was alleged
that someone after breaking trespass into the house have stolen two gas cylinders, one of Bharat Gas Company and another of Indane Gas Company, and utensils, worth Rs.30,000/-. FIR was registered. After investigation, charge sheet has been filed.
3 Learned counsel for the applicant has submitted that the applicant has not committed any offence. He is innocent. He has been falsely implicated. Nothing was seized from his possession. He is in jail for more than six months. Offence is triable by Judicial Magistrate First Class. Trial of the case will take considerable time. Therefore, it is prayed that applicant may be released on bail.
On the other hand, learned counsel for the State has opposed grant of bail to the applicant.
In this case after investigation, charge sheet has been filed. Offence is triable by the JMFC. Trial of the case will take considerable time. Therefore, having taken into consideration all the facts and circumstances of the case but without expressing any opinion on merits of the case, I am of the view that it is a case in which further pretrial detention of the applicant is not warranted. Consequently, this bail application is allowed.
It is directed that applicant-Naveen Solanki be released on bail on his furnishing a personal b o nd in the sum of Rs.50,000 (Rupees fifty thousand) with a solvent surety in the like amount to the satisfaction of the concerned trial Court for his regular appearance before the concerned Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial and will not create any hindrance in progress of trial.
It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C. This order shall remain effective till the end of the trial. However, in case of bail jump and breach of any of the condition of bail, it shall become ineffective.
Certified copy as per rules.