1 M.Cr.C.No.5689/11 12/12/2011 Shri Kishore Dixit, Advocate for the applicant. Shri Pramod Pachauri, Public Prosecutor for the respondent/State. Complainant by Shri Abhishek Jadon, Advocate. Heard and perused the record. This is the second application under Section 439 of Cr.P.C. for grant of bail filed on behalf of the applicant, Sudhir More. The first application was dismissed as withdrawn vide order dated 21.7.11 passed in M.Cr.C.No.3230/11. The applicant has been apprehended in Crime No.135/2011 registered at Police Station Jhansi Road, District Gwalior, for the offence punishable under Sections 307, 394 read with Section 34 of IPC and Section 11/13 of the Madhya Pradesh Dakaiti Avam Vyapharan Prabhavit Kshetra Adhiniyam. The prosecution case, in brief, is that the applicant and other co-accused persons caused Katta injuries to the complainant, Ravi and looted motorcycle, mobile and cash of the complainant. Learned counsel for the applicant has contended that the applicant is innocent and has been falsely implicated in the crime. In the FIR, applicant Sudhir More and co-accused Ravi Jatav were named, but after investigation, Police has filed charge-sheet only against present applicant, Sudhir More. Complainant Ravi has been examined as PW-1 before the learned trial Court. He has not supported the prosecution case and has been declared hostile. The applicant has no criminal antecedents and he is in custody since 5.4.11. On these grounds, learned counsel prays for grant of bail. 2 M.Cr.C.No.5689/11 Learned Public Prosecutor has opposed the application and prays for its rejection. Considering the facts and circumstances of the case and submissions of the learned counsel for the parties, but without expressing any opinion on the merits of the case, I am of the view that the applicant may be enlarged on bail. Consequently, the application under Section 439 of 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.40,000/- (Rupees forty 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 sent to the Court concerned for necessary compliance. Certified copy as per rules. (Brij Kishore Dube) Judge ms/-