Madhya Pradesh High Court
Vijay @ Babblu Chvanni vs The State Of Madhya Pradesh on 23 November, 2021
Author: Anil Verma
Bench: Anil Verma
1 HIGH COURT OF MADHYA PRADESH :
BENCH AT INDORE
MCRC No.56795/2021
Vijay @ Babblu Chvanni Vs. State of MP
Indore: Dated:-23/11/2021:-
Shri Ashish Joshi, learned counsel for the applicant.
Shri Neeraj Gaur, learned Panel Lawyer for the State.
Applicant has filed this first bail application under Section
439 of the Code of Criminal Procedure, 1973. He is in Jail since
15/08/2021 in connection with Crime No. 389/2021 registered at
P.S - Mandleshwar, District-Khargone (M.P.) for commission of
offence punishable under Section 379 of IPC.
As per prosecution story, on 07/07/2021 police received
secret information from informant that some persons are doing
business transaction of stolen cables of Maheshwar Jal Vidyut
Pariyojna. As per the said information, police reached on the spot
and found that five accused persons were found in possession of
stolen copper wires. The recovery of some stolen property has
also been made from the present applicant. Accordingly,
aforementioned offence has been registered.
Learned counsel for the applicant contended that applicant
is innocent and has been falsely implicated in this offence. Co-
accused Vikas and Ishwar has been granted bail by the learned
Court below vide order dated 07/09/2021 & 08/09/2021 and co-
accused Shakil in MCRC No.46629/2021, Mukesh in MCRC
No.45157/2021, Sachin in MCRC No.46591/2021 and Anil @ Kallu
in MCRC No.48061/2021 has been granted bail by the Hon'ble
Court vide order Annexures A/4, A/5, A/6 & A/7 respectively.
Applicant is in custody since 15/08/2021. Investigation is over and
charge-sheet has been filed. There is no legal evidence available
on record to connect the applicant with the aforementioned
offence. He is a permanent resident of District-Khargone. Final
conclusion of trial shall take sufficient long time. There is no
2 HIGH COURT OF MADHYA PRADESH :
BENCH AT INDORE
MCRC No.56795/2021
Vijay @ Babblu Chvanni Vs. State of MP
apprehension of his fleeing away from the court of justice or
tampering with the prosecution evidence. Under the above
circumstances, prayer for grant of bail may be considered on such
terms and conditions, as this Court deems fit and proper.
Per-contra, learned PL for respondent - State opposes the
bail application and prays for its rejection, but he fairly admits that no criminal antecedent has been found against the present applicant.
Perused the impugned order of the trial Court as well as the case dairy.
Considering all the facts and circumstances of the case, nature and gravity of the allegation and also taking the note of the fact that co-accused Vikas and Ishwar has been enlarged on bail by the Court below and other co-accused Shakil, Mukesh, Sachin and Anil has been enlarged on bail by the coordinate Bench of this Court, the case of the present applicant is similar to all the other co-accused persons, he has been in custody since 15.08.2021 and charge-sheet is filed, therefore, no further custodial interrogation is not required. The offence is exclusively triable by Judicial Magistrate First Class and final conclusion of the trial will take long time. Considering the aforesaid, I deem it proper to release the accused / applicant on bail.
Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C., 3 HIGH COURT OF MADHYA PRADESH :
BENCH AT INDORE MCRC No.56795/2021 Vijay @ Babblu Chvanni Vs. State of MP Before releasing the applicant from the custody, the Jail Authorities are directed to medically examine him in order to rule out the possibility of Covid-19 infections and shall comply with the directions issued by the Hon'ble Apex Court in W.P.No. 01/2020.
Certified copy, as per rules.
(ANIL VERMA) JUDGE soumya Digitally signed by SOUMYA RANJAN DALAI Date: 2021.11.24 10:26:19 +05'30'