The court may grant bail considering the circumstances and length of custody without commenting on the merits of the case.

JUDGMENT

Deepak Kumar agarwal, J. - This is the second bail application u/S. 439 of Cr.P.C. filed by the applicant for grant of bail. First bail application was dismissed as withdrawn vide order dated 06.12.2021 passed in M.Cr.C.No.59732/ 2021.

The applicant was arrested on 15.11.2021 in connection with Crime No.139/2021 by Police Station Tendua, District Shivpuri (M.P.) for the offence punishable under Sections 392,341,427 of IPC and Section 11,13 of MPDVPK act.

In brief case of the prosecution is that on 21.10.2021 at about 10:48 pm complainant-Santosh had lodged an FIR before Police Station Tendua, District Shivpuri alleging that on 21.10.2021 at about 03:30 PM when he was going to Gwalior with tankar containing 30 tons oil bearing registration No. M.P. 09 HG 8996 from agarwal Oil Mill Pvt. Ltd. Fatehnagar, Udaypur. as soon as, he reached near Police Station Tendua, four persons came there with a motorcycle and stopped the tankar. Thereafter, two persons climbed the tankar and dropped down the complainant and remaining two other persons took the tankar towards Shivpuri. Thereafter, he chased with another tankar to the aforesaid tankar and found that the tankar was laying down on the road and spread the oil here and there. Thereafter, he informed to the owner of the tankar. On his report, an FIR has been registered against the unknown persons. Matter was investigated, and during investigation, applicant accused Sanjay and other accused were apprehended. at his behest Rs.300/- was seized.

Learned counsel for the applicant submitted that applicant is innocent. He has been falsely implicated in the case. He is in custody since 15.11.2021. He is ready to abide all the terms and conditions which may be imposed by this Court. Therefore, prayed for grant of bail.

Learned State counsel has opposed the bail application and prays for its rejection.

Looking to the facts and circumstances of this case and the applicant is in custody since 15.11.2021 and also charge-sheet has been filed 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/- (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.