Farukh vs State Of Madhya Pradesh

Anil Verma, J

This is the first application filed by the applicant for grant of regular bail under section 439 of the Code of Criminal Procedure, 1973 relating to FIR No. 424/2022 registered at P.S -Manasa, District- Neemuch (M.P.) for the offence under sections 392 of IPC.

2/ As per prosecution story, complainant Mohanbai was returning to her home from Balaji Temple, at that time, on the way, at RLB road, two miscreants came on motorbike and snatched her gold chain and fled away from there. On the basis of memo under section 27 of the Evidence Act given by co-accused, present applicant has been implicated in this offence.

Accordingly, the aforementioned offence was registered and he was arrested.

3/ Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. Applicant is in custody since 13/04/2023. Investigation is over and charge-sheet has been filed. Present applicant has neither been identified by the complainant, nor any looted property has been recovered from his possession. He was no named in the FIR. He is permanent resident of District-Neemuch. Final conclusion of trial shall take sufficient long time. Hence, he prays that the applicant be released on bail.

4/ Per-contra, learned counsel for respondent – State opposes the bail application and prays for its rejection by stating that one criminal antecedent under section 394 of IPC has been found against the applicant.

5/ Perused the impugned order of the trial Court as well as the case dairy.

6/ Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation as also taking note of the fact that present applicant has neither been identified by the complainant, nor any looted property has been recovered from his possession; he has already suffered jail incarceration for about three months and final conclusion of trial shall take sufficient long time, in view of the evidence available on record, I deem it proper to release the accused / applicant on bail.

7/ Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on his furnishing personal bond in the sum of Rs. 75,000/- (Rs. Seventy Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required.

8/ He shall abide by all the conditions enumerated u/S. 437(3) Cr.P.C., Certified copy, as per Rules