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[Cites 3, Cited by 7]

Madhya Pradesh High Court

Ravi Alias Ajay Solanki vs The State Of Madhya Pradesh on 19 August, 2019

Author: Sunil Kumar Awasthi

Bench: Sunil Kumar Awasthi

  HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
                  M.Cr.C.No.33609/2019
           Ravi @ Ajay Solanki vs. State of M.P.
Indore
19.08.2019

       Shri Vivek Dalal, learned counsel for the applicant.
       Shri Ram Shastri, learned Public Prosecutor for the
respondent/State.

This is an application under Section 439, Cr.P.C for grant of bail in connection with Crime No. 0243/2019, registered at Police Station - Rajendra Nagar District Indore M.P., for commission of offence punishable under Sections 394 and 397 of IPC.

According to the prosecution case on 9.4.2019 the applicant along with co-accused Raj, caught hold the complainant and robbed one mobile phone. During the incident they also caused injuries to the complainant, therefore, present crime was registered against the applicant and other co-accused persons.

Learned counsel for the applicant submitted that the FIR disclosed that complainant did not know the applicant. No robbed property has been recovered from the possession of the applicant. During T.I. Parade also the complainant failed to identify the present applicant therefore, the chain of circumstances is broken. The applicant is in custody since 10.4.2019. The investigation is over and charge sheet has been filed. The conclusion of trial will take sufficient long time. Under these circumstances, he prays for grant of bail.

Learned Public Prosecutor for the State submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant be dismissed.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the applicant, 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 on 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 Cr.P.C.

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 M.Jilla.

Digitally signed by Maharukh jilla

Date: 2019.08.20 11:06:42 -07'00'