Afzal Kha vs State Of Madhya Pradesh

Deepak Kumar Agarwal, J

This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

The applicant was arrested on 26.10.2021 in connection with Crime No.111/2021 by Police Station Daboh, District Bhind (MP) for the offence

punishable under Sections 380 and 457 of IPC.

As per prosecution story, on 02.06.2021 complainant Rameshwardayal lodged a report that he is Pujari of Sarkar Hanuman Ram Janki temple. On the

said date at 11 pm he was sleeping in the campus of the temple. At 3 am when he awoke, he found that door was opened and three silver mukuts, two

batteries of harvester, 5 kg Ghee, three brass bells etc. were stolen. On his report, crime for the aforesaid offences was registered. During

investigation, after about four months applicant-accused was apprehended on 26.10.2021. From his possession, one brass bell and one silver Mukut

were seized. After investigation, charge-sheet has been filed.

It is submitted by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the offence. He is in custody

since 26.10.2021. Investigation has been complete and charge sheet has been filed. Conclusion of trial will take time. On such premises, learned

counsel for the applicant prayed for bail.

Learned counsel for the State opposed the application and prayed for its rejection.

Looking to the aforesaid facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the

application should be allowed and by allowing the application it is ordered that if the applicant furnishes bail bond of Rs.25,000/- (Rupees twenty five

thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail. He will present during trial

before the trial Court on each and every date.

Application stands allowed and disposed of.

Certified copy as per rules.