Madhya Pradesh High Court
Sandeep Dwivedi vs The State Of Madhya Pradesh on 1 November, 2018
1 MCRC-42996-2018
The High Court Of Madhya Pradesh
MCRC-42996-2018
(SANDEEP DWIVEDI Vs THE STATE OF MADHYA PRADESH)
2
Jabalpur, Dated : 01-11-2018
Shri Pushpendra Dubey, learned counsel for the applicant.
Shri Amit Pandey, learned G.A. for the respondent/State.
This is first bail application filed on behalf of the applicant under Section 439 of the Cr.P.C.
The applicant is in custody since 04.10.2018 in connection with Crime No.315/2018 registered at Police Station Vishvadhhyal Rewa (MP), for the offence punishable under Sections 379 of IPC.
As per prosecution story in short is that, on 09.09.2018 complainant Deepak Sharma has lodged an FIR that the present applicant has snatch his mobile cell phone when she was going to purchase the badminton rocket at about 8.00 pm on 09.09.2018 and committed robbery/theft with him and looted the mobile. After committing the offence the applicant have been ran away from the spot and after some time police has recovered the looted articles and money from applicant/accused. On such investigation police has filed the charge sheet int he above said offence.
Learned counsel for the applicant submits that the applicant is innocent person and has been falsely implicated in this case and he is a student and his aged about 19 years. No looted article was recovered from applicant it was recovered from open place and no actual report was made by complainant, he has no criminal past against the applicant and trial will take long time to conclude.
Learned Government Advocate for the respondent/State on the other hand opposes the application.
Keeping in view the facts and circumstances of the case in entirety, particularly the fact as pointed out by the learned counsel for the applicant, in the opinion of this Court, he deserves to be enlarged on bail. Consequently, Digitally signed by LALIT SINGH RANA Date: 03/11/2018 14:48:00 2 MCRC-42996-2018 the first application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicant is allowed.
It is directed that the applicant-Sandeep Dwivedi shall be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the same amount to the satisfaction of the trial Court for his appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of High Court of Madhya Pradesh the Code of Criminal Procedure.
C.C. as per rules.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE L.R. Digitally signed by LALIT SINGH RANA Date: 03/11/2018 14:48:00