Chumma @ Chumba And Others vs State Of Madhya Pradesh

Mohd. Fahim Anwar, J

This is first bail application under Section 439 of Cr.P.C in connection with Crime No.417/2020 registered at Police Station Bamitha District

Chhattarpur for the offences under Sections 392, 394, 201 of IPC.

As per the prosecution story, on 12.10.2020 when complainant Swamideen Paul with his mother Bhagwati Bai was returning back after withdrawing

Rs.49,000/- from the bank on motorcycle, then at about 11:30 AM three unknown persons have looted the bag, which was kept in the hand of

Bhagwati Bai, in which the said money and other documents were kept and thereafter they fled away from the spot. The complainant has lodged the

report, and on that basis Crime No.417/2020 under Sections 392, 394, 201 of IPC was registered against the unknown persons. It is also alleged that

the present applicants and other accused persons were taken into custody on interrogation and they have admitted the commission of offence. At the

instance of applicant Chumma @ Chumba a sum of Rs.13,000/- and complainant's Adhar card and at the instance of applicant Azad a sum of

Rs.19,500/- were recovered. On that basis the present applicants and other accused persons have been arrayed as accused persons in the crime.

Learned counsel for the applicants has submitted that the applicants are innocent person and they have falsely been implicated in the present offence.

It is also submitted that the applicants are 19 and 22 young youths and they have no criminal antecedents. They are ready to furnish bail as per the

order and shall abide by all conditions as may be imposed by the Court. It is further submitted that the applicants are in jail since 15.10.2020 and the

trial will take time for its final disposal. On these grounds, learned counsel for the applicants prays for grant of bail to the applicant.

Per-contra, learned counsel for the respondent-State opposes the bail application.

Considering the facts and circumstances of the case and the nature of offence and also the fact that the applicants are in judicial custody since

15.10.2020 and the trial will take time to conclude, I am of the considered view that it is a fit case to release the applicants on bail.

Therefore, without commenting on the merits of the case, application of the present applicants seems to be acceptable. Consequently, it is hereby

allowed.

It is directed that applicants be released on bail on their furnishing a bail bond in the sum of Rs.30,000/- (Rupees Thirty Thousand) each with one

surety of the same amount to the satisfaction of the committal/trial Court to appear before the court on the dates given by the concerned Court. It is

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

In view of the outbreak of 'Corona Virus disease (COVID-19)' th e concerned jail authorities are directed to follow the directions/guidelines issued by

the Government of India with regard to COVID-19 before releasing the applicants.

This M.Cr.C. stands allowed and disposed of.

C.C. as per rules.