1 M.Cr.C. No. 7413 of 2011 07/12/2011 Shri D. S. Tomar, counsel for the applicant. Shri R. S. Yadav, Panel Lawyer for the respondent- State. Heard the learned counsel for the parties. The applicant is in custody since 30/08/2011 in connection with Crime No. 40/2000 registered at Police Station Rampurkala, District Morena for the offences punishable under Sections 436 and 382 of IPC. Learned counsel for the applicant submits that applicant is a reputed citizen of the locality, who has no criminal past alleged against him. An FIR has been lodged after six days of the incident that applicant poured some kerosene on the doors of house of the complainant and set them on fire. Police has not prepared any Panchanama of loss. A case has been registered by the police without any investigation. There is no allegation relating to offence under Section 382 of IPC. Though the police has registered crime for the offence punishable under Section 382 of IPC, it appears that no major loss has been committed to the house of the complainant. Under such circumstances, offence under Section 436 of IPC if 2 constituted, it is a technical one. Applicant is in custody since 30/08/2011. Under these circumstances, he prays for bail. Learned Panel Lawyer for the State opposes the application. Considering the submissions made by learned counsel for the parties and looking to the facts and circumstances of the case but without expressing any view on the merits of the case, I am of the view that application under Section 439 of Cr.P.C. filed by applicant viz. Devendra Singh @ Dev Giri may be accepted. Consequently, it is hereby allowed. It is directed that present applicant be released on bail on his furnishing a bond in sum of Rs.35,000/- (Rupees thirty five thousand) with one surety bond of the same amount to the satisfaction of the CJM, Morena to appear before the committal Court and the trial Court on the dates given by the concerned Courts. This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective. Certified copy as per rules. ( N. K. Gupta) Judge mkb