Brajesh Jatav vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

Case diary is available.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant as he has been arrested on 18/4/2023 in connection with Crime No.30/2023 registered at Police Station Vishwavidyalaya, District Gwalior (M.P.) for commission of offence punishable under Sections 457 and 380 of IPC.

Prosecution story in brief is that in the intervening night of 20-21/1/2023 applicant alongwith other co-accused persons entered into the house of the complainant and stolen silver and gold Jewelries amounting about Rs.45,000/- and cash amount of Rs.17,000/-.

Learned counsel for the applicant submits that on 18/4/2023 applicant was already in custody in other matter and jewelries seized from the possession of the applicant are his own. He has falsely been implicated in the matter. Investigation has been completed and charge-sheet has been filed. The applicant is in custody since 18/4/2023. Trial will take certainly long time, therefore, the applicant is entitled for bail.

Learned counsel for the respondent/State opposed the prayer and submits that the properties seized from the possession of the applicant have been identified by the complainant as the stolen properties. The applicant has criminal antecedents, therefore, he is not entitled for bail.

Heard the learned counsel for both the parties and perused the record.

Having considered the rival submissions, material pointed out by the learned counsel for the applicant, so also considering the fact that the case is triable by the Judicial Magistrate First Class and the fact that trial will certainly take long time to conclude, without expressing any opinion on the merits of the case, the application is allowed.

7.1 It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

7.2 This application is allowed and stands disposed of.

Certified copy as per Rules.