17/10/2011 Shri Lokendra Shrivastava, Advocate for the applicant. Ms. Nutan Saxena, P.P. for the respondent/ State. Heard on admission. Admit. Perused the charge sheet papers. This is first application under Section 439 of Cr. P. C. filed on behalf of applicant, who has been arrested in connection with Crime No.670/2011 registered at police Thana Dabra, District Gwalior for the offences punishable under Sections 456, 323, 459 of IPC. As per prosecution case, there was some dispute between applicant's sister and one Ashok Agrawal and due to this dispute in the night of incident applicant entered in the house of complainant and caused injuries to Bakhunti bai by means of knife, who sustained injury on her thumb of right hand. It is contended by learned counsel for the applicant that injury by sharp cutting weapon has not been detected on thumb. It is further submitted that lacerated wound has been detected on the thumb of injured Bakhunti bai. Applicant is falsely implicated in the case. Charge sheet has already been filed. He is in custody since 18.09.2011 and disposal of the case will take time. On these grounds, prayed for grant of bail. Learned P.P. for the respondent- State opposed the application and prayed for its rejection. Considering the facts and circumstances of the case, but without expressing any opinion on the merit of the case, this application is allowed and it is directed that applicant be released on bail, on his furnishing a personal bond in the sum of Rs.40,000/- (Rupees forty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court concerned during pendency of the case and he shall also comply with the conditions as enumerated under Section 437(3) of Cr.P. C. A copy of this order be sent to the Court concerned for necessary information. Certified copy as per rules. (Indrani Datta) van Judge