Madhya Pradesh High Court
Ankit @ Nikki vs The State Of Madhya Pradesh on 2 January, 2017
MCRC-22024-2016
(ANKIT @ NIKKI Vs THE STATE OF MADHYA PRADESH)
02-01-2017
Shri Dhanraj Singh Lodhi, learned counsel for the applicant.
Shri Yogendra Das Yadav, learned Panel Lawyer for the
respondent-State.
Heard arguments.
Perused case diary and material on record.
This is the third bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail in Sessions Trial No. 06/16, arising out of crime No.787/15 registered at Police Station Kotwali Damoh against him and co-accused Vikash alias Vikki for the offences punishable under Sections 392 and 34 of the IPC, pending on the file of the Sessions Judge, Damoh. Prosecution allegations are that on 11.11.2015 at about 7:00 a.m. in Gorganj Mohalla of Damoh town, the applicant and the co- accused snatched a gold chain from the neck of complainant Janka Bai, aged about 75 years. Thus, they committed an offence of looting a gold chain valued at Rs.70,000/-. Learned counsel for the applicant submits that the applicant has been in custody since 12.11.2015. He submits that the trial court has recorded the statement of complainant Janka Bai. He submits that the applicant's first bail application was dismissed when the case was under investigation and that the second bail was dismissed with a liberty to renew the prayer for bail after the examination of complainant Janka Bai. He submits that the applicant is aged about 19 years and that if he remains in jail for a long time, then he may come into contact with the hardened jail inmates which may impact adversely upon his future life. He submits that the applicant is a permanent resident of Damoh town. He submits that this court has granted regular bail to the co-accused vide order dated 19.12.2016 passed in M.Cr.C. No. 15630/2016. He submits that the applicant and the co-accused are similarly placed in the case, therefore, the principle of parity is applicable in the case. Upon these submissions, he prays for grant of bail to the applicant.
Learned Panel Lawyer opposes the prayer on the ground that the complainant has identified the applicant in the Test Identification Parade and before the trial court.
On due consideration of the facts and circumstances of the case, the submissions raised on behalf of the parties by their counsel, the age of the applicant and his period of custody, but without commenting on merits of the case, I am of the view that it is a fit case for grant of bail to the applicant. Hence, the application is allowed. It is ordered that applicant Ankit @ Nikki be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousands only) with one solvent surety of the same amount to the satisfaction of the court concerned for securing his presence on all such dates as may be fixed by it in this regard. He shall abide by the conditions enumerated in Section 437(3) of the Cr.P.C. In case of bail jump, the court concerned will have power to cancel the applicant's bail.
Certified copy as per rules.
(RAJENDRA MAHAJAN) JUDGE dixit