1 M.Cr.C.No.6112/11 24/11/2011 Shri Arun Barua, Advocate for the applicant. Shri Anil Kumar Shrivastava, Panel Lawyer for the respondent/State. Heard on I.A.No.11864/2011, which is an application for urgent hearing of the case. In view of the averments stated in the application, it is hereby allowed. 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-Vishnu. He has been arrested in Crime No.99/2011 registered at Police Station Kailaras, District Morena for the offence punishable under Section 392 of IPC & Section 11, 13 & 14 of Madhya Pradesh Dakaiti Avam Vyapharan Prabhavit Kshetra Adhiniyam, on 05.04.2011. The prosecution case, in brief, is that the applicant along with his associates robed Bolaro Max Truck on the point of deshi katta from the complainant- Ghanshyam Sharma. Learned counsel for the applicant contended that 2 M.Cr.C.No.6112/11 the applicant is innocent. He has been falsely implicated in the case. It is further contended that the complainant-Ghanshyam Sharma was examined as PW-1, but he has neither identified the applicant nor stated anything against him. The Bolaro Max Truck has not been seized from the possession of the applicant. The applicant has no other criminal antecedent. The applicant is in custody, since 05.04.2011. On these grounds, learned counsel prays for grant of bail. Learned Panel Lawyer 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 application deserves to be allowed. 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.30,000/- (Rupees Thirty Thousand only) with one solvent surety in the like amount to the satisfaction of the Trial Court, on the 3 M.Cr.C.No.6112/11 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)