(1.) Learned counsel for the rival parties are heard. The applicant has filed this 1st bail application u/S 439, Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Bahodapur, District Gwalior in connection with Crime No.82/2016 registered in relation to the offences punishable u/Ss. 380 and 511 of IPC.
(2.) Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.
(3.) The applicant is in custody since 28.01.2016.Chargsheet has since been filed where allegation of theft is alleged against the applicant. Specific allegation against the applicant is of tempering ATM machine where certain parts of ATM machine have been recovered from the applicant and the early conclusion of the trial is a bleak possibility and prolonged pre -trial detention is anathema to the concept of liberty and that there are no criminal antecedents of the applicant and the material placed on record does not discloses the possibility of the applicant fleeing from justice.