Madhya Pradesh High Court
Ramdayal Mishra vs The State Of Madhya Pradesh on 27 June, 2017
MCRC-10008-2017
(RAMDAYAL MISHRA Vs THE STATE OF MADHYA PRADESH)
27-06-2017
Shri S.D. Gupta, learned counsel for the applicant.
Shri R.S. Dubey, learned Panel Lawyer for respondent-
State.
Heard.
This is first bail application filed on behalf of the applicant under Section 439 of the Cr.P.C.
The applicant is in custody since 22.03.2017 in connection with Crime No.108/2017 registered at Police Station G.R.P. Katni, District Katni (M.P.) for the offence punishable under Sections 328 and 379 of IPC.
As per prosecution, on 17.03.2017, complainant was sitting in the Railway platform of Katni and was waiting for a train to Rewa. At that time, applicant came there, he offered some cold drink to the complainant and when complainant consumed the same, he became unconscious and thereafter he slept there. When the complainant woke up on 18.03.2017, at about 04:00 a.m., then he found that his cash amounting to Rs.14,000/- and Rs.2,200/- kept in his trouser were missing. His other items like ATM card, voter ID card and mobile phone having sim card of Airtel Company with phone No.7043663806 were also missing. Thereafter, on his report, case was registered. Applicant was identified in identification parade by the complainant. Rs.8,000/-, one mobile phone, ATM card and ID of the complainant were seized from the possession of the applicant. Other 11 packets containing some powder was also seized from his possession.
It is submitted by learned counsel for the applicant that applicant is innocent and he has not committed any offence. There are no criminal antecedents of the applicant and he has been falsely implicated in this case. It is further submitted that trial will take long time to conclude. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.
Per-contra, learned Panel Lawyer for respondent-State opposes the bail application.
After hearing arguments of the parties and looking to the whole facts and circumstances of the case, I am of the considered view that it would be appropriate to release the applicant on bail, therefore, without commenting on the merits of the case, application of the present applicant namely, Ramdayal Mishra under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.
It is directed that applicant be released on bail on his furnishing a bail bond in the sum of Rs.40,000/- (Rupees Forty Thousand) with one surety of the same amount to the satisfaction of the JMFC concerned or trial Court for his appearance before them on the dates given by the concerned Court. It is further directed that the applicant shall comply the provisions of Section 437(3) of the Cr.P.C.
Certified copy as per rules.
(H.P. SINGH) JUDGE GT