Jay vs State Of Madhya Pradesh

Anil Verma, J

Applicant has filed this second bail application under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail relating to Crime No.321/2023 registered at Police Station Raoji Bazar, District Indore (M.P.) for commission of offence punishable under Sections 379, 411, 120-B, 413, 414, 109 and 392 of Indian Penal Code, 1860. He is in jail since 17/09/2023.

2 . As per the prosecution story, on 18/08/2023, complainant Mohd. Ameen lodged an FIR at Police Station Raoji Bazar, Indore, by stating that some unknown person has stolen his mobile phone. Some of the other victim person have also informed the police that their mobile phones have also been s t o len by some unknown miscreants. During the investigation, co- accused Vicky has been arrested and on the basis of his memorandum co-accused Hemant has been implicated in the offence. During the investigation, 642 mobile phones have been recovered from the possession of co-accused Hemant and 17 mobile phones have been recovered from the possession of the present applicant. Accordingly, offence has been registered.

Learned counsel for the applicant submits that applicant is innocent person and he has been falsely implicated in this matter. He is in jail since 17/09/2023 and is not having any criminal past. Investigation is over and charge-sheet has been filed. He is just an employee in a shop and is performing his duty as per instruction of other co-accused. Co-accused Hemant has been enlarged on bail by this Court vide order dated 19/12/2023 passed in M.Cr.C.No.56061/2023. Applicant is a permanent resident of District Indore and final conclusion of trial will take considerable long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

4 . Per-contra, learned counsel for respondent/State opposes the bail application and prays for its rejection. However, he fairly admits that no criminal antecedent has been found against the present applicant.

Perused the case diary as well as the impugned order of the court below.

6 . Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that applicant has already suffered jail incarceration for a period of more than three months; offence is exclusively triable by JMFC; applicant is not having any criminal background; investigation is over, therefore, no further custodial interrogation of the applicant is required; co-accused Hemant has been enlarged on bail by this Court in similar circumstances and final conclusion of trial will take considerable long time. In view of the above, I deem it proper to release the applicant on bail. Therefore, without commenting on the merits of the case, the application is allowed.

It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.75,000/- (Rupees 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. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.

Certified copy as per rules.