AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
10 paragraphs · 409 wordsDeepak Kumar Agarwal, J
This is the second bail application u/S.439 Cr.P.C filed by the applicant for grant of bail. The first application was dismissed as withdrawn vide order dated 30.09.2021 passed in M.Cr.C. No.46889/2021.
The applicant was arrested on 17.08.2021 in connection with Crime No.567/2020 by Police Station Maharajpura, District Gwalior (MP) for the offence punishable under Section 379 of IPC.
As per prosecution story, on 04.10.2020 complainant Rahul lodged report at Police Station Maharajpura, District Gwalior alleging that on 03.10.2020 at 11.00 AM he was going with his Hero Splendor Motorcycle bearing No. MP07 NE 0989, chasis No.MBLHAR089JHD26962 to BSF colony for some work, he parked his motorcycle adjacent to the house of Ankit Sharma. After finishing his work at 6.00 PM when he came out he saw his motorcycle was not there where he he had parked the same. His father Mukesh is the registered owner of the said motorcycle. He lodged report at Police Station Maharajpura on the next day. On his report a crime under aforesaid offences was registered. During investigation on 18.08.2021 applicant-accused Akash was apprehended by police station Padav. On 11.08.2021 Police Station Padadv in crime No. 344/2021 four motorcycles were seized from the possession of the applicant-accused Akash, out of which one is the same which is stolen in Crime No.567/2020 at Maharajpura. He was arrested on 17.08.2021.
It is submitted by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the offence. Now investigation is complete and charge sheet has been filed and conclusion of trial will take its own time, hence prayed for grant of bail.
Application is opposed by the State counsel and prayed for its rejection.
Looking to the aforesaid facts and circumstances of the case, coupled with the fact that applicant is in custody from 17.08.2021 and conclusion of trial will take its own time, 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 a bail bond in the sum 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.