Madhya Pradesh High Court
Sunil vs The State Of Madhya Pradesh on 26 August, 2022
Author: Anil Verma
Bench: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 26th OF AUGUST, 2022
MISC. CRIMINAL CASE No. 39676 of 2022
Between:-
SUNIL S/O SHRI BHAGIRATH
MACHAR, AGED ABOUT 24
YEARS, OCCUPATION:
TEHCNICIAN IN MEDICAL LAB,
HOME GAURD COLONY,
RATLAM (MADHYA PRADESH)
.....APPLICANT
(SHRI MANISH YADAV, LEARNED COUNSEL FOR THE
APPLICANT)
AND
THE STATE OF MADHYA
PRADESH STATION HOUSE
OFFICER THROUGH POLICE
STATION MANAKCHOWK,
DISTRICT RATLAM (MADHYA
PRADESH)
.....RESPONDENT
(SHRI K.K.TIWARI, LEARNED GA APPEARING ON BEHALF OF
ADVOCATE GENERAL)
This application coming on for hearing this day, the court
passed the following:
Signature Not Verified
O R D E R
Signed by: TEJPRAKASH VYAS Signing time: 8/26/2022 6:05:52 PM 2 This is the first bail application under Section 439 of the Code of Criminal Procedure, 1973 filed on behalf of the applicant for grant of bail. The applicant is in custody since 03/02/2022 in connection with Crime No.43/2022 registered at Police Station - Manakchowk, District Ratlam (M.P.) for commission of offence punishable under Section 395, 397, 392, 341, 294, 424, 34 and 120- B of the Indian Penal Code, 1860 read with Section 25 and 27 of the Arms Act.
As per prosecution story, on 01/02/2022, complainant Piyush Sharma lodged a FIR stating that on 31/01/2022 at about 2:00 pm, when he was returning from Dhar, at that time, his car was intercepted by two vehicles and he was attacked. Some unknown miscreants looted his bag containing Rs.9,00,000/- from the complainant and thereafter, they ran away from the spot. During investigation, it is found that applicant Gajendra has supplied arms to other co-accused persons and co-accused Tarun was appointed by the co-accused person for the purpose of doing reiki. On the basis of the memorandum under Section 27 of the Evidence Act, present applicant has been implicated in this offence. Accordingly, offence has been registered against the applicant also.
Learned counsel for the applicant submits that the applicant is an innocent person and he has been falsely implicated in this offence. He is in custody since 03/02/2022. He was not named in Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 8/26/2022 6:05:52 PM 3 the FIR and even he was not named in the statement recorded under Section 164 of Cr.P.C. of the victim person. During the Test Identification Parade he was not identified by the victim person, therefore, the case of the present applicant is different from the co- accused person, whose bail application has been rejected by this Court. Investigation is over and charge sheet has been filed. Applicant is permanent resident of Ratlam district. Final conclusion of the trial is likely to take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.
Per contra, learned counsel for the respondent / State opposes the bail application and prays for its rejection. However, he fairly admits that the present applicant has no past criminal record.
Perused the impugned order of the trial Court as well as the case diary.
After considering all the facts and circumstances of the case, nature and gravity of offence, arguments advanced by the learned counsel for the applicant and also taking note of the fact that the present applicant was not named in the FIR; even his name was not mentioned in the statement under Section 164 of Cr.P.C. of the victim person; during the Test Identification Parade he was not identified; applicant has no criminal antecedent, investigation is over charge sheet has been filed, therefore, no further custodial Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 8/26/2022 6:05:52 PM 4 interrogation of the applicant is required and final conclusion of the trial will take sufficient long time. In these circumstances, I deem it proper to release the applicant on bail. Therefore, without commenting on the merits of the case, the application is allowed.
It is directed that applicant be released on bail on his furnishing personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by all the conditions enumerated under Section 437(3) Cr.P.C.
Certified copy as per rules.
(ANIL VERMA) J U D G E Tej Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 8/26/2022 6:05:52 PM