Bhavesh Lahoti vs State Of Madhya Pradesh

Mohd. Fahim Anwar, J

This is the first application filed under Section 439 of Cr.P.C for grant o f bail to the applicant, as he has been arrested in connection with Crime

No.1190/2020, registered at Police Station Damoh Dehat, District Damoh for the offence punishable under Section 392 of the Indian Penal Code.

The case of the prosecution is that, applicant, on 17.12.2020 at about 10:45 am, when complainant Shashi Thakur was going to her school and when

passing from Shakti Nagar Gate then two known persons came there on motorcycle and snatched her handbag containing Rs.5,200/- cash, ATM card,

mobile phone, etc. She lodged the report, on that basis, Crime No.1190/2020 for the offence under Section 392 of IPC was registered against

unknown persons. During the course of investigation, co-accused person was arrested and he has admitted the commission of crime. On the basis of

his memorandum, the applicant was taken into custody and his name was arrayed as a person, who committed the crime. On the information and

instance, the looted mobile phone and Rs.1,000/- cash were recovered from the possession of the applicant.

It is submitted by the learned counsel for the applicant that the applicant is innocent and has not committed any offence and has falsely been

implicated in the case. It is further submitted that the applicant is a young youth of 22 years and is in judicial custody since 17.12.2020. The trial will

take time to conclude. There is no likelihood of his absconding or tampering with the prosecution witnesses. Therefore, it is prayed that the applicant

be released on bail.               Â

Learned counsel for the respondent/State has vehemently opposed the submissions made on behalf of the applicant. It is conceded by the learned

counsel for the respondent/State that the applicant is not having any criminal antecedents.

The applicant is a young youth of 22 years, who is also said to be a student.

Keeping in view the facts and circumstances of the case particularly the facts as pointed out by the learned counsel for the applicant, period of his

detention and also looking to the exigency of Covid-19 disease, in my opinion, it is a fit case for grant of bail, hence, without commenting on merits of

the case, this application is allowed.

I t is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.30,000/- (Rupees thirty thousand only) along

with one solvent surety in the like amount to the satisfaction of the trial Court to appear before the Court on the dates given by the concerned Court. It

is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr.P.C.

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.

This application stands allowed and disposed of.

Certified copy as per rules.