The court may grant bail based on the applicant's undertaking to cooperate in the investigation/trial, even for serious offences.

JUDGMENT

Deepak Kumar agarwal, J. - This is the First bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

The applicant is in custody since 27.2.2022 in connection with Crime No.113/2022 by Police Station Thatipur, District Gwalior (MP) for the offence punishable under Section 394 of IPC and Sections 11,13 of the MPDVPK act.

Prosecution story, in short, is that on 27.2.2022 at 8.10 am complainant Vakeel Singh along with akhlesh, Dashrath Singh and Deepak lodged a report against present applicant Harsh Shinde and Nodi Gaud that wife of his younger brother was hospitalized in Chandra Hospital. He along with akhilesh was attending her at the hospital. On 27.2.2022 at 1.30 am he along with akhilesh was going to Nehru Colony to take dinner. On the way near PNT crossing two persons on Scooty bearing registration No. MP07 SC 1204 came and started committing Marpeet with them and snatched his mobile of Samsung make in which Jio Sim No.7723850875 was fitted along with cash of Rs.600/-. They asked the complainant to give mobile number of any of his relative, then he gave mobile number of his brother-in-law Dashrath Singh 9926203975. Thereafter, they telephoned Dashrath Singh and told him that they are having mobile of his relative and asked him to pay Rs.5,000/- if he wants to receive the same. Complainant thereafter informed the police and along with police searched the accused. They found the accused near bus stand. They were caught hold. They disclosed their names as Harsh and Nodi Gaud. Both the accused were brought to the police Station. On his report, crime for the aforesaid offence was registered. accused were arrested. at the behest of applicant, 3 notes of denomination of Rs.100/-, Scooty and one apple mobile of applicant were seized. From the co-accused 3 notes of denomination of Rs.100/-, looted mobile and his mobile of Redmi were seized.

Learned counsel for the applicant submits that applicant has been falsely implicated in the case. He is in custody since 27.2.2022. He undertakes to cooperate in investigation/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 prayer and prayed for dismissal of the application.

Looking to the aforesaid facts and circumstances of the case, without commenting upon the 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 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.

Application stands allowed and disposed of.

Certified copy as per rules.