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Madhya Pradesh High Court

Pappu Singh vs The State Of Madhya Pradesh on 11 October, 2018

                                          The High Court Of Madhya Pradesh

                                                     MCRC-40917-2018
                                           (PAPPU SINGH Vs. THE STATE OF MADHYA PRADESH)

                                                                 1


                               Jabalpur, dated: 11.10.2018
                                     Shri Vivek Agrawal, learned counsel for the applicant.
                                     Shri Vijay Soni, learned Government Advocate for the
                               respondent/State.

Heard on this first application for bail under section 439 of the Code of Criminal Procedure filed on behalf of applicant in connection with Crime Istagasa No.08/2018 registered by Police Station G.R.P. Pipariya, District Hoshangabad under Section 379 of the Indian Penal Code and Section 41 (1-4) of the Code of Criminal Procedure.

The case of the prosecution is that, on 15.07.2018 at about 10:40 am near Mutton Market, Hoshangabad, the applicant and other co-accused were intercepted by G.R.P. Police and from their possession two mobile phones of LAVA and SAMSUNG Company respectively were seized, the purchase receipts of which were not in possession of the applicant and other co- accused person. The concerned mobile phones were seized and the charge-sheet under Section 403 of IPC in Complaint Case No.5/2018 has been filed before the G.R.P. Court, Pipariya.

Learned counsel for the applicant submitted that the applicant has not committed any offence and has been falsely implicated in this case. It is further submitted that nothing has been seized from the possession of the applicant. The Police has made the accused to the present applicant on the basis of suspicious. It is also submitted that the offence is triable by the Magistrate of First Class. The applicant is a young person of 25 years and has been in custody since 15.07.2018; therefore, it has been prayed that the applicant be released on bail.

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

The High Court Of Madhya Pradesh MCRC-40917-2018 (PAPPU SINGH Vs. THE STATE OF MADHYA PRADESH) 2 However, keeping in view the facts and circumstances of the case in their entirety, particularly the fact that no report or complaint has been lodged regarding theft or any other crime of the seized property and the fact that the charge-sheet has been filed under Section 403 of IPC, 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 applicant Pappu Singh, stands allowed.

It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.30,000/- with one local surety residing in Pipariya, District Hoshangabad in the like 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 the Code of Criminal Procedure.

Certified copy as per rules.

(Mohd. Fahim Anwar) Judge taj.