Kamal Singh Kirar vs State Of Madhya Pradesh

Deepak Kumar Agarwal, J

This is first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

Applicant has been arrested on 02.09.2021 by Police Station, Purani Chhawani, District Gwalior in connection with Crime No.298/2021 for the

offence punishable under Sections 394 and 454 of IPC and Sec. 11/13 of MPDVPK Act.

As per prosecution story, on 09.07.2021 complainant Smt. Usha Yadav had lodged a report before Police Station Purani Chhawani, District Gwalior

against the present applicant and three others alleging that on 09/07/2021 at about 10 Am, the complainant along with his son namely Prince were

inside their house, at that time, the accused persons entered into the house of the complainant armed with Lathis and Dandas and beat them, due to

which, they received injuries. Thereafter, the accused persons had looted the ornaments kept in the box, cash amount and household items of the

complainant and loaded the said material into the Tractor and went away from the spot of incident. On her report a crime under Section 394 and 454

of IPC and Sec. 11/13 of MPDVPK Act were registered against the present applicant and three others. Applicant is in custody since 02.09.2021 and

at his behest household items were seized. After investigation, charge sheet has been filed in the matter.

It is submitted by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the offence. It is submitted that

there was a civil suit among the complainant and accused persons. Co-accused Raghuveer has filed a civil suit against husband of complainant. Now

investigation is complete and charge sheet has been filed and the conclusion of trial will take its own time, hence prayed for grant of bail.

Learned counsel for the State opposed the application and prays for dismissal of the bail application.

Both the Advocates are heard. Case diary perused.

Looking to the facts and circumstances of the case as well as considering the fact that he is in custody since 02.09.2021 coupled with the fact that

charge sheet has been filed in the matter, but without commenting on the merits of the case, this Court is of the opinion that the application should be

allowed and by allowing the application it is ordered that if applicant furnishes bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one

solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail. He will remain present during trial before the trial

Court on each and every date.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.