Page no. 1 M.Cr.C. no. 7670/2011 04/11/2011 Shri Z. A. Khan, Sr. Advocate along with Shri Ramesh Gangare, Advocate for the applicant. Shri R.S. Parmar, P.L. for the respondent – State. Shri Neeraj Gautam, Advocate for the objector. Arguments on the first bail application under section 439 of Cr.P.C of the applicant Biharilal heard. The applicant is involved in Crime no. 633/2011 of Police Station- Vijay Nagar, Indore registered under sections 457, 380, 411 and 218 of the IPC. According to the prosecution story, one theft was committed in the shop of complainant Mukund Choudhari in the intervening night of 15/08/2011 to 16/08/2011. After breaking the door of the store room, a cash of Rs, 9,64,245/- was stolen including electronic articles, DBR and video recording instrument. Hence on report, the offence under sections 457, 380 of the IPC was registered. During investigation, it was found that cash of Rs.9,64,245/- was taken out from the safe . On interrogation of the co-accused Avinash and Milan, it revealed that they gave Rs. 6,50,000/- on recovery to the applicant, which was embezzled by him and it was not taken on record by the applicant. He only showed that Rs.48,000/- from the accused Avinash and Rs.52,500/- from accused Gautam were recovered. Hence the applicant has been arrested in this case. It has been argued by the applicant's counsel that he has been falsely implicated in this case. There is only information of co-accused Avinash that he gave Rs.6,50,000/- t Page no. 2 to the applicant, but no recovery has been made from him. Trial will take time. Hence, he should be released on bail. Counsel for the respondent and the objector have opposed the bail application and it has been argued that the applicant has committed the serious offence and he embezzled the amount of Rs.6,50,000/-. He will threaten the witnesses. Hence this application be disallowed. Considering the circumstances and after perusal of the case diary, this bail application is allowed and it is ordered that the applicant be released on bail subject to his furnishing a personal bond of Rs.50,000/- alongwith one surety in the like amount to the satisfaction of the concerned Trial Court for his appearance before the said Court on all dates as may be fixed in this behalf. C c as per rules ( I. S. Shrivastava, J. ) amol