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Judgment
Pritinker Diwaker, J.—Heard counsel for the parties.
The applicant has filed this application u/s 439 of the Code of Criminal Procedure for grant of bail as he is in custody in connection with Crime No. 103/2009 registered at Police Station Saja District Durg for the offences punishable under Sections 302, 397/34 and 411 of the Indian Penal Code.
Case of the prosecution in brief is that one Mahesh was murdered by Gopal Sahu, Manoj Sahu and Taran Sahu. The only allegation against the applicant is that he had purchased one cell phone from accused Gopal Sahu for Rs. 250.
Counsel for the applicant submits that looking to the allegation made against the present applicant, at best the offence u/s 411 of the Indian Penal Code can be made out against him. He submits that the applicant is in jail since 22-5-2009.
On the other hand counsel for the Respondent/State opposes the application for bail. He however admits that there is no evidence to show the involvement of the accused/applicant in the crime in question.
After hearing counsel for the parties and taking into consideration the facts and circumstances of the case and the pre trial detention, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed and it is directed that on his furnishing a bond in the sum of Rs. 10,000 with one surety for the like sum to the satisfaction of the Court concerned, the applicant shall be released on bail.
Certified copy as per rules.