(1.) This is first application under sec. 439 of CrPC for grant of bail on behalf of applicant who is in custody since 7/1/2022 in connection with Crime No.08/2022, registered at Police Station Udaigarh District Alirajpur for the offence punishable under Sec. 394 of IPC.
(2.) According to the prosecution case, the complainant lodged FIR alleging that on 5/1/2022, when he was going on motorcycle, some unknown persons pelted stone on him which hit on his shoulder and the accused have committed loot.
(3.) Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. There is no legal evidence to connect the applicant with the aforementioned offence. The investigation is over and charge sheet has been filed. The applicant was not identified by the complainant in the test identification parade conducted by the prosecution. Three plastic chairs and cash of Rs.2,000.00 have been recovered from the possession of the applicant. There is no criminal antecedents against the applicant. The applicant is in custody since 7/1/2022. The conclusion of trial will take sufficient time. On the aforesaid grounds, prayer is made to release the applicant on bail.