An accused is entitled to bail if they have been in jail for a considerable period of time, there is no evidence of a weapon being used or injuries being caused, and the accused has no criminal record.

ORDER

This is the first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to Crime No.491/2023 registered at Police Station - Industrial Area Satlapur, District Raisen (M.P.) for the offence punishable under Section 394 of IPC. Applicant is in detention since 12.11.2023. 2. As per the prosecution story, when complainant was returning from online shop, at that time, four persons came there and stopped him. Three persons out of them looted Rs.4500 and one looted Rs1500 from the complainant. When complainant asked to return his money, they committed maarpeet with him and fled away from the spot. On the basis of the FIR lodged by the complainant, Police registered the case against the present applicant under the aforesaid Sections.

3. Learned counsel for the applicants submitted that applicant is in jail since 12.11.2023. He has been falsely implicated. It is further submitted that no weapon has been used in the crime. No injury has been found as per MLC. Applicant has no criminal record. Charge sheet has been filed. Therefore, it has been prayed that the applicant may be released on bail.

4. On the other hand, learned counsel for State opposed the prayer for grant of bail to the applicant.

5. Having taken into consideration all the facts and circumstances of the case, but without commenting on merit of the case, I am inclined to release the applicant on bail. Consequently, bail application under Section 439 of the Code o f Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.

6. It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C. 7. This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.

(PRAMOD KUMAR AGRAWAL) JUDGE Sateesh Signature Not Verified Signed by: SATEESH KUMAR SEN Signing time: 3/20/2024 2:56:59 PM