1 M.Cr.C.No.8806/2011 19/12/2011 Shri R.K. Sharma, Advocate for the applicant. Shri Praveen Newaskar, Public Prosecutor for the respondent/State. Heard and perused the case diary. This is the first application under Section 439 of the Cr.P.C. for grant of bail filed on behalf of the applicant, Dr. Bhikham Singh. He has been arrested in Crime No.77/2008 registered at Police Station Karhaiya, District Gwalior for the offence punishable under Sections 294, 506, 307 read with Section 34 of IPC on 21.11.2011. Learned counsel for the applicant has contended that the applicant is innocent and he has been falsely implicated in the present case. As per the prosecution case, the alleged incident was occurred on 13.09.2008 at about 5:30 AM and report was lodged on same day at 7:00 AM. The matter was investigated by the police and found some suspicion, therefore, police has neither arrested the alleged accused persons nor filed challan. However, in the meantime the complainant has filed complaint before the Criminal Court, but vide order dated 29.03.2010 passed in M.Cr.C.No.1406/2010 the criminal proceedings of the complaint case has been stayed by this Court. Thereafter, suddenly, the police has arrested the applicant on 21.11.2011. It is further alleged that as per medical report, the injury found on the person of the victim-Smt. Laxmi Bai was simple in nature. The applicant is 65 years of age and by occupation he is Medical Practitioner. No other criminal case has been registered against the present applicant. On these grounds, learned counsel prays 2 M.Cr.C.No.8806/2011 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 Trial Court, 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)