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Madhya Pradesh High Court

Dhansingh vs The State Of Madhya Pradesh on 18 July, 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 18th OF JULY, 2022




                                   MISC. CRIMINAL CASE No. 28953 of 2022

                           Between:-
                           DHANSINGH S/O BHARATSINGH , AGED ABOUT 30 YEARS,
                           OCCUPATION: LABOURER VILLAGE DAUDKHEDI POLICE
                           STATION BISTAN (MADHYA PRADESH)
                                                                            .....PETITIONER
                           ( BY SHRI SHRI PALASH CHOUDHARY ADVOCATE)

                           AND

                           THE STATE OF MADHYA PRADESH
                           STATION HOUSE OFFICER
                           THROUGH POLICE STATION KHARGONE
                           (MADHYA PRADESH)
                                                                        .....RESPONDENTS
                           (BY SHRI AJAY GUPTA PL )
                                This application coming on for order this day, the court
                          passed the following:
                                                        ORDER

Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973 in connection with Crime No.36/2021 registered at P.S -Khargone, District- Khargone (M.P.) for commission of offence punishable under Sections 457, 380, 427 of IPC and section 3 of Prevention of damage to Public Property Act, 1984.

As per prosecution story, on 18/01/2021complainant Mehmood lodged FIR to the effect that he works in Financial Software and System Private Limited company as Business Champion. It is alleged that on 18/01/2021.at 01:00 AM Kumar Vishwas Accounts Officer State Bank of India branch Sabji Mandi in front of Hotel Gopal is destructed by unknown persons. On receipt of such information complainant went to the spot and found that screen of ATM machine was opened and lock of ATM and tubelight was broken and damaged the ATM machine. Unknown persons took away the bolts of ATM machine and could not take away any cash as accused persons did not succeed in breaking lock of ATM machine. Accordingly, the aforementioned offence was registered and the applicant was arrested.

Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. There is no legal evidence available on record to connect the applicant with the aforementioned offence. The alleged bolt of the ATM has been recovered from the open place, therefore, no adverse inference can be drawn from such recovery No CCTV footage has been produced by the prosecution. He is in custody since 20/01/2021 He is a permanent resident of District- Khargone. There is no apprehension of his fleeing away from the court of justice. Final conclusion of trial shall 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 PL for respondent - State opposes the bail application and prays for its rejection.

Perused the impugned order of the trial Court, the statements of the witnesses as well as the case dairy.

Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation as also taking note of the fact that allegedly the incident has taken place inside the ATM, but no CCTV footage has been produced by the prosecution; no money was looted from the ATM and the bolt related to ATM was recovered from open place; he is in custody since 20/01/2021; he is sole bread earner in his family and possibility of delay in conclusion of the trial cannot be ruled out, in view of the evidence available on record, I deem it proper to release the accused / applicant on bail.

Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on his furnishing personal bond in the sum of Rs. 75,000/- (Rs.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 the conditions enumerated u/S. 437(3) Cr.P.C., It is made clear that if the applicant is again found to be involved in any other offence during the trial, this order shall stand cancelled automatically without reference to the Court and the police will be at liberty to arrest the applicant in the present case also. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy, as per Rules.

(ANIL VERMA) JUDGE amol Signature Not Verified Signed by: AMOL N MAHANAG Signing time: 7/19/2022 10:21:57 AM