Kamlesh Alias Mohan vs State Of Madhya Pradesh

Vishnu Pratap Singh Chauhan, J

Heard on this first bail application filed under Section 439 of Cr.P.C. on behalf of the applicant.

The applicant is in jail since 23/10/2020 in connection with Crime No.821/2020, registered at Police Station Stationganj, District Narsinghpur, for

commission of offence punishable under Section 406 of IPC.

The allegation against the applicant in short is that the applicant received the trolley from the victim but did not return the same in time and handed

over the trolley to another person for use. After investigation charge-sheet has been filed.

Learned counsel appearing for the applicant submits that the applicant is innocent and has falsely been implicated in this case. It is further submitted

by him that charge-sheet has been filed in the matter. The applicant is in jail since 23/10/2020 and trial will take considerable time for its conclusion,

therefore, it is prayed to release the applicant on bail.

On the other hand learned Panel Lawyer for the respondent-State opposed the application on the ground of criminal antecedent of the applicant.

Having heard both the counsel for the parties. No doubt, the applicant is having a criminal past but so far as, ingredients of this offence is concerned,

this Court is now inclined to release the applicant Consequently, this application for bail under Section 439 of the Code of Criminal Procedure filed on

behalf of applicant stands allowed. I t is directed that applicant-Kamlesh alias Mohan shall be released on bail on furnishing a personal bond in the sum

of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before

that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Code of Criminal Procedure.

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

Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before

and after releasing the applicant.

Certified copy as per rules.