Madhya Pradesh High Court
Manoj vs The State Of Madhya Pradesh on 23 July, 2021
Author: Anil Verma
Bench: Anil Verma
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
M.Cr.C. No.35475/2021
(Manoj Vs. State of M.P.)
-1-
Indore, dated 23/07/2021
Heard through Video Conferencing.
Shri Anopam Chouhan, learned counsel for the applicant.
Shri Hemant Sharma, learned Panel Lawyer for the
respondent / State.
Case-diary perused.
This is first application under Section 439 of Cr.P.C. filed on behalf of the applicant for grant of bail. The applicant is implicated in connection with Crime No.277/2021 registered at Police Station- Pithampur, District-Dhar (MP) for offence punishable under Section 394 of IPC. The applicant is in custody since 07.06.2021.
02. As per prosecution story, on 04.06.2021 at about 11 a.m. while the complainant - Anil Katare was going back to Moyra Company, when he reached near Balaji Temple, three unknown persons came there on a motorcycle bearing no any registration number and stopped him. One of the three persons was sitting on the motorcycle and other two persons caught complainant and snatched his purse containing cash, PAN card, Aadhar card and punching card. After committing such act, the accused persons tried to flee away and when the complainant tried to stop them, he was assaulted by the accused persons. Due to which, he sustained some injuries. Thereafter, the accused persons ran away from the spot and on the basis of the complaint, case has been registered against the present applicant.
03. Learned counsel for the applicant submits that applicant is an innocent person and has been falsely implicated in the crime. Complainant- Anil Katare has filed an affidavit before the learned lower Court in which he has clearly stated that present applicant has not committed any offence and compromise has taken place between HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M.Cr.C. No.35475/2021 (Manoj Vs. State of M.P.) -2- them. F.I.R. has been registered against unknown persons. The applicant has been implicated in this crime on the basis of the memorandum under Section 27 of the Evidence Act, which is not admissible in law. Investigation is almost over, charge-sheet is likely to be filed and conclusion of trial is likely to take sufficient long time, in such circumstances, learned counsel prays for grant of bail to the applicant.
04. Per contra, learned government advocate for respondent - State opposes the bail application and prays for its rejection.
05. Considering the facts and circumstances of the case and taking into account the nature of the allegation made against the applicant and also keeping in view the fact that complainant - Anil Katare has filed an affidavit before the learned lower Court in which he has stated that present applicant did not commit any act and compromise has been done between both the parties. The present applicant was not named in the F.I.R., the offence is exclusively triable by Judicial Magistrate First Class, trial will take considerable long time for its final conclusion and the applicant is in custody since 07.06.2021, I deem it proper to release the applicant on bail.
06. Accordingly, 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 furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount to the satisfaction of the 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) HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M.Cr.C. No.35475/2021 (Manoj Vs. State of M.P.) -3- Criminal Procedure Code, 1973.
07. Before releasing the applicant from 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 direction given by the Hon'ble Apex Court in Writ Petition No.1/2020.
Certified copy as per rules.
(Anil Verma) Judge N.R. Digitally signed by NARENDRA KUMAR RAIPURIA Date: 2021.07.24 11:57:01 +05'30'