1 M.Cr.C.No.7155/11 28/11/2011 Shri Rajeev Upadhyay, Advocate for the applicant. Shri Pramod Pachauri, Public Prosecutor for the respondent/State. Heard and perused the record. This is the first application under Section 439 of the Cr.P.C. for grant of bail filed on behalf of the applicant- Sethi @ Hardayal. The applicant has been arrested in Crime No.140/2010 registered at Police Station Jhansi Road, District Gwalior for the offence punishable under Sections 392 of IPC & Section 11/13 of Madhya Pradesh Dakaiti Avam Vyapharan Prabhavit Kshetra Adhiniyam on 25.06.2011. The prosecution case, in brief, is that the applicant along with his associates have looted the complainant's mobile. Learned counsel for the applicant contended that the applicant is innocent. He has been falsely implicated in the case. After completing the investigation, challan has been filed. The applicant has no other criminal antecedent. The applicant is in custody since 25.06.2011. On these grounds, learned counsel prays for grant of bail. 2 M.Cr.C.No.7155/11 Learned Public Prosecutor has opposed the application and prays for its rejection. However, he fairly conceded that no other criminal case has been registered against the present applicant. 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 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)