Vinod Kumar Saket vs The State Of Madhya Pradesh on 19 August, 2019

[Cites 7, Cited by 7]

Madhya Pradesh High Court

Vinod Kumar Saket vs The State Of Madhya Pradesh on 19 August, 2019

Heard on this first application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of the applicants in connection with Crime No.379/2018 registered at Police Station Sarai, District Singrauli under Sections 394, 395 and 397 of the Indian Penal Code and Sections 25 and 27 of the Arms Act.

The case of the prosecution is that, on 21.09.2018 at about 11:30 pm complainant Nagendra Yadav, who is a cleaner in Truck No.UP-72 T 3568 being driven by Rakesh Tiwari were taking his truck loaded with bricks and another Truck No.UP 72 T 1325 being driven by Ashique Ali have reached Chuhigadai, under the jurisdiction of Police Station Sarai, District Singrauli and when they are taking rest, four unknown persons came there in a Bolero Jeep and were trying to steal diesel of the trucks. When complainant Nagendra Yadav and driver Rakesh Tiwari objected, they abused and beaten them by means of wooden sticks. They have also taken mobile phone and Rs.17,000/- from Rakesh Tiwari; thereafter, they fled from the spot. Complainant Nagendra Yadav and driver Rakesh Tiwari informed the incident to the owner of the truck and reported the matter to the Police, on that basis, crime under the aforementioned offence has been registered against unknown persons. During the course of investigation, applicants and other co-accused persons have been interrogated, they have admitted the commission of crime. On the information of the applicants and other co-accused persons, diesel, mobile phone, Bolero jeep, etc. were recovered from their possession.

Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 20/08/2019 01:20:05

The High Court Of Madhya Pradesh MCRC-26040-2019 (VINOD KUMAR SAKET & ANO. Vs THE STATE OF MADHYA PRADESH) 2 Learned counsel for the applicants submitted that the applicants have not committed any offence and have falsely been implicated in the crime. It is further submitted that the applicants are permanent residents of the address shown in the application. They are ready to furnish adequate surety and shall abide by all terms and conditions imposed upon them. There is no chance of their absconding or tampering with the evidence. It is also submitted that the applicants are in custody since 23.09.2018. In view of the aforesaid, prayer has been made to enlarge the applicant on bail.

Learned Government Advocate for the respondent/ State on the other hand has opposed the application.

Keeping in view the facts and circumstances of the case particularly the fact as pointed out by the learned counsel for the applicant, allegation made against the applicants and also looking to the period of detention of the applicants, in the opinion of this Court, the applicant deserves to be released on bail.

Consequently, this first application for bail under section 439 of the Code of Criminal Procedure filed on behalf of applicants-Vinod Kumar Saket and Raju Saket, is allowed.

It is directed that the applicants shall be released on bail on furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand) with one solvent surety each in the like amount to the satisfaction of the trial Court for their appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Code of Criminal Procedure.

Certified Copy as per rules.

(Mohd. Fahim Anwar) Judge taj.

Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 20/08/2019 01:20:05

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Madhya Pradesh High Court