Banti vs State Of MP

Virender Singh, J

As declared by the petitioner, this is the first bail application filed under section 439 of the Cr.P.C.

The prosecution case, in brief, is that on 08.07.2020 some unknown miscreants barged into house No.107 situated in Usha Nagar, Gouri Keshar

Apartment of Lokesh Chopra and robbed the inmates on the point of gun and knives. They tied up wife Rohini, mother, and a domestic help Aarti shut

their mouths with a cello tape, took the keys under the threat of life, and made away rupees 40,000/- cash, a gold chain, a gold bracelet, two gold rings,

and a silver anklet. Before leaving the house, they locked them into the bathroom.

The matter was reported to the police. The crime was registered and investigated. During the investigation, the police arrested Pappu, Banti

(petitioner), Sonu @ Abhay, Shubham, Tarun @ Rahul, Govind Singh and Gopi and recovered one knife from Govind Singh, one Honda motorcycle

and one Samsung mobile phone from Pappu, one red Activa and one Samsung mobile from Banti (petitioner), one Activa, one Vivo mobile and one

knife from Sonu, one Lenovo mobile phone and one knife from Shubham, one Samsung mobile, one country made pistol, two live cartridges and one

Hero Honda motorcycle from Rahul, one micromax mobile, one Samsung mobile, one knife, one gold bangle, one gold chain, one silver chain, seven

silver rings, photo copy of registration card of vehicle bearing registration No. MP. 09-SC-3927, receipt of Rs.12,700/- from Rajkamal Jwellers and

one jewellery pouch from Gopi. Accused Gopi as well as the articles recovered from him were identified by the victims.

Learned counsel for the petitioner would submit that the petitioner has been falsely implicated in the case. All the allegations are false and frivolous,

but the police has arrested him on 12/07/2020. Since last more than three month, he is in jail. Investigation is over. Nothing has been recovered from

the petitioner. His custodial interrogation is not required. Trial is likely to take time. He is permanent resident of District Indore. There is no possibility

of his absconding. He is ready to comply with the conditions to be imposed by the Court, therefore, he be granted bail.

It is further argued that the police have recovered one Activa scooter of the petitioner himself. No stolen property has been recovered from his

possession. No test identification parade has been conducted during investigation, which is now over and charge-sheet has been filed.

The prosecution has opposed the bail application.

In view of the aforesaid and other facts and circumstances of the case, I deem it proper to release the accused on bail. Therefore, without

commenting on merits of the case, the application is allowed.

It is directed that the petitioner Banti S/o Radheshyam be released from custody on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees

Fifty Thousand) with one solvent surety of the like amount to the satisfaction of the Trial Court for his appearance before the Trial Court as and when

required further subject to the following conditions:

(i) The petitioner shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial;

(ii) The petitioner shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade them

from disclosing truth before the Court;

(iii) The petitioner shall not commit any offence or involve in any criminal activity;

(iv) In case of his involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be

cancelled.