(1.) The applicant has filed this first application under Sec. 439 of CrPC for grant of bail.
(2.) The applicant has been arrested on 10/2/2023 in connection with Crime No.11 of 2023 registered at Police Station Pathariya, District Vidisha for offence under Sec. 379 of IPC. Allegation against applicant of committing theft of tractor-trolley in connivance with other co-accused. From possession of applicant, the alleged tractor-trolly has been seized. After completion of investigation and other formalities, charge sheet has been filed.
(3.) It is submitted by counsel for the applicant that the applicant has been falsely implicated in the case. He is in custody since 10/2/2023.Charge sheet has been filed. Conclusion of trial will take some time. Hence, prayed for grant of bail. O n the other hand, learned State counsel opposed the application and prayed for its rejection. Heard learned counsel for the rival parties and perused the case diary as well as charge sheet available on record. Looking to the facts and circumstances of the case, without commenting on 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.25,000.00 alongwith bail bond of Rs.25,000.00(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.