Madhya Pradesh High Court
Sagar vs The State Of Madhya Pradesh on 5 July, 2022
Author: Anil Verma
Bench: Anil Verma
1 MISC. CRIMINAL CASE No. 30216 of 2022
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 5th OF JULY, 2022
MISC. CRIMINAL CASE No. 30216 of 2022
Between:-
SAGAR S/O RAKESH GUPTA , AGED ABOUT 23 YEARS,
OCCUPATION: BUSINESS VILLAGE CHORAL (MADHYA
PRADESH)
.....PETITIONER
(RAMESH CHANDRA GANGARE, LEARNED COUNSEL FOR THE
PETITIONER )
AND
THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER
THROUGH POLICE STATION DWARKAPURI (MADHYA
PRADESH)
.....RESPONDENTS
(PROXY COUNSEL SHRI PRANAY JOSHI PL APPEARING ON
BEHALF OF ADVOCATE GENERAL)
This application coming on this day for orders the court
passed the following:
ORDER
This is the first bail application under Section 439 of the Signature Not Verified Code of Criminal Procedure, 1973 filed on behalf of the applicant -
SAN Digitally signed by BHUVNESHWAR DATT JOSHI Date: 2022.07.05 19:37:09 IST2 MISC. CRIMINAL CASE No. 30216 of 2022 for grant of bail. The applicant is in custody since 28/12/2021 in connection with Crime No.769/2021 registered at Police Station - Dwarkapuri, Indore (M.P.) for commission of offence punishable under Section 356, 379 and 392 of the Indian Penal Code, 1860.
As per prosecution story, complainant Vidhya Choudhary launched an FIR on 24/12/2021 at Police Station Dwarkapuri stating that on 24/12/2021 at about 03:30 PM when she was returning to her home from her neighbor's home at that time two persons came their on motorcycle and snatched her Mangalsutra. When she tried to catch them, they fled away from the spot. Accordingly, offence has been registered. During the trial applicant was arrested and some stolen articles were recovered form his possession.
Learned counsel for the applicant submits that the applicant is innocent person and he has been falsely implicated in this offence. He is in custody since 28/12/2021. Investigation is over and charge sheet has been filed. Complainant and her husband have been examined before the trial Court and they have turned hostile and have stated nothing against the present applicant. FIR was lodged against the some unknown person. Complainant did not identified the applicant. Applicant is the sole bread earner of the family. Final conclusion of the trial is likely to take sufficient long time. Applicant is permanent resident of Indore district. Co-accused Signature Not Verified SAN Nilesh has been enlarged on bail by this Court by order dated Digitally signed by BHUVNESHWAR DATT JOSHI Date: 2022.07.05 19:37:09 IST 3 MISC. CRIMINAL CASE No. 30216 of 2022 21.6.2022 passed in M.Cr.C. No. 27261/2022 in similar circumstances,hence applicant is also deserve for bail on the ground of parity.
Per contra, learned counsel for the respondent / State opposes the bail application and prays for its rejection.
Perused the impugned order of the trial Court as well as the case diary.
Considering the facts and circumstances of the case, nature and gravity of offence, arguments advanced by the learned counsel for the applicant and also taking note of the fact that complainant Vidhya (PW-1) has been examined before the trial Court and she has turned hostile. She has categorically stated in her statement that no incident of loot was committed upon her but two unknown miscreants have snatched her Mangalsutra and police returned the same on the next day. Complainant has also not identified the miscreant. Husband of the complainant Balraj Choudhary has also turned hostile and has not supported the prosecution case, co- accused has been enlarged on bail. Final conclusion of the trial will take long sufficient. In these circumstances, I deem it proper to release the applicant on bail.
Therefore, without commenting on the merits of the case, the application is allowed. It is directed that applicant be released on bail on his furnishing personal bond in the sum of Rs.75,000/-
Signature Not Verified SAN(Rupees Seventy Five Thousand Only) with one solvent surety in Digitally signed by BHUVNESHWAR DATT JOSHI Date: 2022.07.05 19:37:09 IST 4 MISC. CRIMINAL CASE No. 30216 of 2022 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 all the conditions enumerated u/S. 437(3) Cr.P.C C.C. as per rules.
(ANIL VERMA) JUDGE BDJ Signature Not Verified SAN Digitally signed by BHUVNESHWAR DATT JOSHI Date: 2022.07.05 19:37:09 IST