Madhya Pradesh High Court
Vikki @ Chavvani vs The State Of Madhya Pradesh on 6 April, 2016
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M.Cr.C NO.2955/16
06.04.2016:
Shri Neeraj Chaudhari, learned
counsel for the applicant.
Shri Romesh Dave, learned counsel for
the respondent/State.
Heard with the aid of case diary. This is an application under section 439 Cr.P.C for grant of bail in connection with Crime No.21/16 registered at police station Madhav Nagar, district Ujjain for the offences punishable under sections 457, 380 & 411 IPC.
As per prosecution case on 31.12.2015 in the night some theft has taken place in the house of the complainant and he lost his laptop, five cameras, one pen drive, 3 mobiles, purse, ATM card, Adhar card and case of Rs.2300/-. During investigation on the basis of the memorandum of co-accused Rahul, two cameras were seized from the possession of the applicant who has purchased the same from the accused.
Learned counsel for the applicant submits that applicant has not committed any offence and he has been falsely -2- implicated in the offence. There is no criminal antecedence against the applicant. The offence is triable by Magistrate. The applicant is under custody since 08.01.2016. He further submits that conclusion of trial would likely to take considerable time, hence prayed for release of the applicant on bail.
Prayer is opposed by the counsel for the respondent/State.
Perused the case-diary.
Considering the nature of allegation made against the applicant coupled with the facts that offence is triable by Magistrate and the applicant is under custody for about three months, in the considered opinion of this Court, it is a fit case for grant of bail. Accordingly, the application is allowed and the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the concerned C.J.M for his appearance before the trial Court on all such dates -3- as may be fixed in this behalf by the trial Court during the pendency of trial. C.c on payment of usual charges.
(D.K.PALIWAL)
hk/ JUDGE