Madhya Pradesh High Court
Vikram Kushwah vs The State Of Madhya Pradesh on 3 July, 2019
1
High Court of Madhya Pradesh, Jabalpur
Bench at Indore
Miscellaneous Criminal Case No.25957/2019
(Vikram Kushwaha s/o Prem Kushwaha
Versus
The State of Madhya Pradesh)
Indore, Dated 03.07.2019
Mr. Gajendra Singh, learned counsel for the
applicant.
Mr. Lokesh Bhargava, learned Public Prosecutor
for the non-applicant / State of Madhya Pradesh.
They are heard. Perused the case diary.
This first application under Section 439 of
Criminal Procedure Code, 1973 has been filed by the
applicant, who is implicated in connection with Crime
No.250/2019 registered at Police Station Civil Lines,
Dewas District Dewas (MP) for offence punishable
under Sections 392 and 394 of the Indian Penal Code,
1860.
The applicant is in custody since 24.04.2019.
As per prosecution story, complainant Dilip s/o
Balchandra Mahajan lodged first information report
on 23.04.2019 alleging that on 22.04.2019 at about
11.30 PM, when he was returning on his motorcycle
towards Dewas, three persons met him near Itawa
Chowki and they robbed one mobile phone of oppo
company and cash of Rs.5,000/- to Rs.7,000/-.
Learned counsel for the applicant has submitted
that the the applicant is a youth aged about 25 years.
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He is not having any criminal antecedents. The
applicant is not named in the FIR nor in the statement
of the witnesses recorded under Section 161 of the
Code of Criminal Procedure, 1973. The applicant is
implicated in the present crime only on the basis of
disclosure statement of co-accused Shahrukh recorded
under Section 27 of the Indian Evidence Act, 1872,
which is not admissible in evidence. It is alleged that
cash amount of Rs.200/- has been recovered from the
possession of the applicant. The complainant has not
identified the looted article. During the course of Test
Identification Parade, the complainant has not
identified the applicant. The applicant is in custody
since 24.04.2019. The investigation is over and charge
sheet has been filed. Conclusion of the trial will take
sufficiently long time. Co-accused Shubham has
already been enlarged on bail by order dated
25.06.2019passed in Miscellaneous Criminal Case No.23092/2019 by this Court. Under these circumstance, learned counsel for the applicant prays for grant of bail to the applicant.
Learned Public Prosecutor for the non-applicant / State of Madhya Pradesh submits that no sufficient ground is made out for releasing the applicant on bail; hence the application filed by him be dismissed.
Considering the facts and circumstances of the case and the arguments advanced by learned counsel 3 for the parties, but without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy, as per rules.
(S.K. Awasthi) Judge Pithawe RC Digitally signed by Ramesh Chandra Pithawe Date: 2019.07.03 14:22:27 +05'30'