1 M.Cr.C.No.8115/11 10/12/2011 Shri Sushil Goswami, Advocate for the applicant. Shri R.P. Johari, Panel Lawyer for the respondent/State. With the consent of the learned counsel for the parties, the matter is heard finally. This is the first application under Section 439 of the Cr.P.C. for grant of bail filed on behalf of the applicant, Satyaprakash Bhargava @ Babloo. The applicant has been arrested in Crime No.200/2011 registered at Police Station Janakganj, District Gwalior for the offence punishable under Sections 392, 412 of IPC, Section 11/13 of Madhya Pradesh Dakaiti Avam Vyapharan Prabhavit Kshetra Adhiniyam and Section 25/27 of Arms Act on 03.07.2011. The prosecution case, in brief, is that on 25.04.2011 at about 2'o clock, when complainant- Rajeev was going for depositing Rs.5,60,000/- in the Bank with his friend, applicant and co-accused persons restrained him and looted his bag containing cash Rs.5,60,000/-. Learned counsel for the applicant has contended that the applicant is innocent and he has been falsely 2 M.Cr.C.No.8115/11 implicated in the present case. The FIR was lodged against the unknown persons. The applicant is implicated on the basis of recovery of Rs.5,000/- and one 315 bore katta. The co-accused-Vijay @ Kallu Mishra from whom cash Rs.2,000/- was recovered has been enlarged on bail vide order dated 10.10.2011 passed in M.Cr.C.No.6052/2011. One co-accused Badam Singh has also been enlarged on bail vide order dated 28.09.2011 passed in M.Cr.C.No. 5789/2011. The applicant has no criminal past. On these grounds, learned counsel prays for grant of bail. Learned Public Prosecutor has opposed the application and prays for its rejection. Considering the facts and circumstances of the case, submissions of the learned counsel for the parties, but without expressing any opinion on the merit of the case, I am of the view that the applicant may be enlarged on bail. Consequently, the application under Section 439 of the Cr.P.C., is hereby allowed and it is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the Chief Judicial 3 M.Cr.C.No.8115/11 Magistrate, Gwalior, on the condition that he shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437(3) of Cr.P.C., A copy of the order be send to the Court concerned for necessary compliance. Certified copy as per rules. (Brij Kishore Dube) Judge (ra)