Deepak S/O Munna@Laxminarayan Yadav vs . State Of M.P

Vivek Rusia, J

This is repeat fifth bail application filed under section 439 Cr.P.C,1973, seeking bail in connection with Crime No.338/2016 registered at police station-Aerodrome, District-Indore for the offence punishable under sections 452, 394, 395, 397, 398, 450, 412, 414, 307, 120-B of the Indian Penal Code. The applicant is in custody since 11.05.2016.

Fourth bail application of the applicant was dismissed as being without merit vide order dated 25.08.2020 passed in M.Cr.C. No.17123/2020 and before that three bail applications were dismissed between the year 2016 to 2018.

As per prosecution story, on 05.05.2016 Nitin S/o Kamalchand Bothara lodged a report that four unknown persons trespassed in his house and assaulted him by sharp edged weapon. They have looted gold bangles, tops and cash. He was taken to the hospital. After further search he found that camera, mobile phone and cash amount were also looted. The police interrogated the maid Renu aged 17 years who has admitted the aforesaid commission of offence with the help of eight other persons. All the accused persons have been arrested. On the basis of the memorandum statement recorded under Section 27 of the Evidence Act from the possession of the applicant one lakh rupees, two gold bangles, rings, mangalsutra and daratha were recovered.

The Prosecution has examined as many as 17 witnesses so far. Learned counsel for the applicant submits that he is in jail since 11.05.2016 and this applicant has not been identified by the injured-Kusum hence, he may kindly be enlarged on bail.

Learned Panel Advocate for the respondent/State opposes the bail application.

Keeping in view the period of custody since 11.05.2016 and the trial has not been concluded so far, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant-Deepak S/o Munna@Laxminarayan Yadav, is directed to be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Before releasing the applicant from the custody, the jail authorities are directed to medically examine him in order to rule out the possibility of COVID-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No.1/2020.

Certified copy as per rules.