Madhya Pradesh High Court
Nasir Khan vs The State Of Madhya Pradesh on 13 December, 2021
Author: Vivek Rusia
Bench: Vivek Rusia
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HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
(SINGLE BENCH: HON'BLE Mr. JUSTICE VIVEK RUSIA)
M.Cr.C. No.60878/2021
Applicant:- Nasir Khan S/o Taiyyab Hussain,
Aged-26 years, Occupation-business,
R/o Darbar colony, Julvaniya, Rajpur
District Barwani (M.P.)
Versus
Respondent:- State of M.P. through Bank Note Press,
District- Dewas (M.P.)
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For Applicant (s) : Mr. Abhishek Gupta, Adv.,
For Respondent (s) : Mr. Chetan Jain, P.L.
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ORDER
Date: 13.12.2021:
This is the second bail application under section 439 Cr.P.C seeking bail in connection with Crime No.71/2021 registered at police station-Bank Note Press District- Dewas, for the offence punishable under sections 457, 380, 427, 482, 401 of the IPC and Sections 4 of the Prevention of Damage to Public Property Act, 1984.
The first bail application of the applicant was dismissed as withdrawn vide order dated 30.09.2021 passed in M.Cr.C.No.34299/2021.
As per prosecution story, Manager of the Axis Bank has lodged a report on 21/1/2021 that near about 600 p.m. a theft has been committed in an ATM Machine of Axis Bank situated in the house of Mahesh Arya, House No. A-3/6, Saket. The police came to the spot and found that by using gas cutter a theft of modem of ATM has been committed. The police registered FIR u/S. 457, 380 and 427 IPC and Sec. 4 of the Damage to the Public Property Act. The police arrested four accused -Sajid Khan, Ajru, Wasid
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and this present applicant-Nasir. Police has recovered a modem valued Rs.15000/-. All the accused caused loss of Rs.4.00 lacs. So far as the act of this applicant is concerned, he allegedly blocked the CCTV camera by using spray paint.
Learned counsel for the applicant submits that there is no recovery from the present applicant. He has been made accused on the basis of memorandum u/s 27 of the Evidence Act. Co- accused Rashid has been enlarged on bail vide order dated 1.7.2021 passed in M.Cr.C.No. 29254/2021. In these circumstances the applicant be released on bail.
Learned panel lawyer for the respondent/State opposes the bail application by submitting that this applicant along with other accused have caused damage to the public property to the tune of Rs.4 lacs, therefore, conditional bail can kindly be granted.
The applicant is directed to deposit a sum of Rs.50,000/- in order to compensate the loss of the bank before the trial Court before his release.
Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, without commenting on the merits of the case, the application is allowed. The applicant is directed to be released on bail furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty 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) Cr.P.C..
Before releasing the applicant from the custody the jail authorities are directed to medically examine him in order to rule
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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.
(VIVEK RUSIA ) JUDGE mk SMT MUKTA KOUSHAL 2021.12.14 00:32:29 -08'00'