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Judgment
This is first application filed under Section 439 of Cr.P.C. for grant of bail.
The applicants have been arrested on 03.05.2018 in connection with Crime No.103/2018 registered at Police Station Girwai, District Gwalior for
offence punishable under Section 379 of IPC.
It is submitted by the counsel for the applicants that as per the prosecution case, one motorcycle bearing registration No. M.P/07/MM/5666 was stolen
from public place and engine of the said stolen motorcycle and one more motorcycle has been seized from the possession of the applicants. It is
further submitted that the applicants have no criminal history and trial is likely to take sufficiently long time. The applicants are in jail for the last more
than one month. The applicant No. 1 is aged about 40 years and application No. 2 is aged about 30 years. There is no possibility of their absconding or
tampering with the prosecution case and they undertake to abide by the condition which may be imposed by this Court.
The application is opposed by the State counsel. However, after going through the case diary, counsel for the respondent/State fairly conceded that
the applicants have no criminal history.
Considering the facts and circumstances of the case, period of detention and without commenting on the merits of the case, the application is allowed.
It is directed that the applicants be released on bail on furnishing a personal bond in the sum of Rs.40,000/-(Rupees Forty Thousand Only) each with
one solvent surety in the like amount to the satisfaction of the Trial Court/ Committal Court to appear before the Court on the dates given by the
concerned Court.
This order shall remain effective till the end of the trial but in case of bail jump, it shall become ineffective.
Certified copy as per rules.