1 M.Cr.C. No.9040/2011 Date: 24.11.2011 Shri Kaushal Singh, learned counsel for the applicant. Shri B.L. Yadav, learned Dy. A.G. for the respondent/State. Arguments on the first bail application under section 439 of Cr.P.C of the applicant Samrath heard. The applicant is involved in Crime no.860/09 of Police Station Dhar, District - Dhar registered under section 395, 397, 328, 342 of the IPC. According to the prosecution story, the complainant Ramesh Sehta is the owner of Sehta Nursing Home. Both he and his wife are doctors at the Nursing Home. On 18.11.2009, he sent his daughter Tanisha with ward-boy Bagsingh at home. When the doctor and his wife reached house they saw that the door of house was open and lock of almirah was broken and articles were scattered in the room. They called Tanisha and Bagsingh, then they cried from the bathroom. On reaching there they saw that Bagsingh was unconscious and his mouth was foaming. Tanisha told him that at 9.20 p.m. the door was knocked. On opening it four persons entered in the house and by putting knife on the neck 2 of Bagsingh, they told him not to cry otherwise they will kill them. Thereafter by an iron rod they broke the lock of bedroom and after breaking the lock of almirah, robbed the cash and ornaments. One of the assailants also prepared a drink from the medicine and gave it to them to drink and after tiding their hands, closed them in the bathroom. In this incident a dacoity of Rs.14 to 15 lacs was committed. Hence, on report above offences were registered. During the investigation on the information of Nitin Rs.1,75.000/- and one motorcycle which was purchased from looted money, and on the information of the applicant Samrath Rs.1,10,500/- on 12.3.2010, Rs.40,000/- on 30.1.2010 and one knife has been seized from the possession of the applicant. Hence, he has been arrested. It has been argued by the applicant's counsel that similarly situated co-accused Sumit, Anand, Pawan and Jitendra have been released on bail. Trial will take time. Hence, he should be released on bail. The respondent has opposed the bail application. Considering the circumstances and after perusal of the case diary, this bail application is allowed and it is ordered that the applicant Samrath be released on bail subject to his 3 furnishing a personal bond of Rs.25,000/- (Twenty Five Thousand) alongwith one surety in the like amount to the satisfaction of the concerned Trial Court for his appearance before the said Court on all dates as may be fixed in this behalf. C c as per rules (I.S. SHRIVASTAVA) JUDGE Trilok/-