Aakash vs State Of Madhya Pradesh

Mohd. Fahim Anwar, J

This is first application filed under Section 439 of the Code of Criminal Procedure for grant of bail to the applicant in connection with Crime No.614/2020 registered at Police Station-Chapara, District-Seoni (MP) for the offence under Sections 394, 395 & 34 of the Indian Penal Code.

The case of the prosecution is that, complainant-Mahendra Malviya who is the distributor of the mobile company, on 21.12.2020 at about 12.30 p.m. when he was returning back on his motorcycle after collecting the amount Rs.1,58,750/- and some cheques, then two persons have intercepted him and looted the bag which he was carrying with him and fled away from the spote after inflicting injury on his head. The complainant lodged the report on the next day of the incident at Police Station Chapara, District-Seoni. On that basis above mentioned crime against the unknown person was registered. It is also alleged that later on co-accused Rohit and Bhagwandas were apprehended. They admitted the commission of crime and also informed that co-accused Akash was also helping them in committing the crime and they have distributed the looted money amongst them. It is also alleged that on the information and instance of the applicant, one motorcycle one mobile and Rs.8,000/- was recovered.

Learned counsel for the applicant submits that the applicant has not committed any offence and has falsely been implicated in the crime. It is further submitted that the applicant is permanent resident of the address shown in the application. He is ready to furnish adequate surety and shall abide by all terms and conditions imposed upon him. There is no chance of his absconding or tampering with the prosecution witnesses. It is also submitted that the applicant is in judicial custody since 2.1.2021. In view of the aforesaid, prayer has been made to enlarge the applicants on bail.

Learned Panel Lawyer for the respondent/ State on the other hand has opposed the bail application.

The applicant is a young youth of 22 years, having no criminal antecedents on record and he is in judicial custody since 2.1.2021.

Keeping in view the facts and circumstances of the case particularly the fact as pointed out by the learned counsel for the applicant, allegation made against the applicant and also looking to th period of detention of the applicant, in the opinion of this Court, the applicant deserves to be released on bail. Consequently, this first application filed under section 439 of the Code of Criminal Procedure for grant of bail to the applicant, is allowed.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with a solvent surety in the like amount to the satisfaction of the trial Court for his appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Code of Criminal Procedure.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government with regard to 'COVID-19' before releasing the applicant.

C.C. as per rules.