The court has the discretion to grant bail based on the facts and circumstances of the case, ensuring the accused's presence during the trial.

JUDGMENT

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

2. Applicant has been arrested on 24.08.2022 by Police Station, Sironj, District Vidisha (MP), in connection with Crime No.365/22 for the offence punishable under Sections 458 and 382 of IPC and later Section 394,395 & 323 of IPC has been added by the Court below on application of prosecution U/s 323 of Cr.P.C. and committed the case for Session's trial.

3. After investigation, charge-sheet has been admitted.

4. In brief, the prosecution case is that complainant Mehfooz lodged a report at Police Station Sironj, District Vidisha that on 25.08.2022 that in the night 24.08.2022, he along with his family members were sleeping in the house. In the morning at 3.30 am.,he listened sound of opening of Almirah. He gave a sound to his daughter but she did not answer. He wake up and went there. One person told him keep quite. There are 5, 6 persons were also standing. All of them started mar-peet with him. His wife telephoned his family members. Due to this they started ran away. He also ran behind them. At that time Furkhan, Faijan, Hifajan and other people came. They tried to detain them. Two persons could be caughthold. One of them by cutting hand of Furkhan fled away. Person who caughthold of is the present applicant/accused. On searching, it came to the knowledge that 4,500/- rupees which were keep are missing. On report, the aforesaid offence were registered. Applicant /accused was arrested. Charge-sheet has been filed.

4. I t is submitted by learned counsel for the applicant that applicant has been falsely implicated in the case. He is in custody since 24.08.2022. After investigation, charge-sheet has been filed. On such premises, learned counsel for the applicant prayed for bail.

5. Learned counsel for the State vehemently opposed the application and has prayed for its rejection.

6. 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 a cash surety of Rs.15,000/- (Rupees Fifteen Thousand Only) alongwith a personal bail bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) with one local solvent surety of the like amount to the satisfaction of the trial Court, he should be released on bail with condition that if he remains absent during trial, the said security will stand forfeited automatically without notice to the applicant.

7. He will present during trial before the trial Court on each and every date and will cooperate with the trial. In case of default, the cash security of Rs.15,000/- shall stand forfeited automatically

8. Application stands allowed and disposed of.

9. Certified copy as per rules.