M.Cr.C. No.4037/2010
07/07/2010
Shri Rakesh Kumar Jain, Advocate for the
applicant.
Shri S.K.Kashyap, Public Prosecutor for the
respondent-State.
Heard on IA No.9861/2010, an application for
urgent hearing.
Since the case diary is available, the application
is allowed.
Also heard both the parties.
Case diary of Crime No.616/2009 registered at
Police Station Tikamgarh for the offence punishable
under Section 392 of IPC is perused.
The applicant is arrested on 15/1/2010 for the
aforesaid offence.
Learned counsel for the applicant submits that
the offence is triable by Judicial Magistrate First Class
and the applicant is in custody since 15/1/2010. A
mobile has been alleged to be seized from the
applicant but actually that mobile is of the applicant
himself. The police is in habit to add his name in
various criminal cases. Looking to his custody period,
he prays for bail.
Learned public prosecutor for the State opposes
the application mainly on the ground that there are 18
criminal cases pending against the present applicant,
but he admits that in almost cases he is on bail.
After hearing aforesaid arguments and looking to
the custody period of the applicant, without
expressing any view on the merits of the case, I am of
the opinion that this is a fit case in which bail may be
granted to the applicant Tinku @ Sunil Khare.
Therefore, the application of the present
applicant under Section 439 Cr.P.C is hereby allowed.
He be released on bail on furnishing a bond in sum of
Rs.20,000/- (Rupees twenty thousand) with one surety
bond of the same amount to the satisfaction of the trial
Court, to appear before the trial Court on the dates
given by the concerned Court.
Certified copy as per rules.
(N.K.Gupta)
Judge
Ansari