Lakhan vs State Of Madhya Pradesh

Prem Narayan Singh, J

They are heard and perused the case diary.

(1) This is the first bail application under Section 439 of the Code of Criminal Procedure filed on behalf of the applicant for grant of bail in connection with Crime No.645/2023, registered at Police Station-Barwani, District-Barwani(M.P.), for the offence under Section 380 of IPC. The applicant is in custody since 01/08/2023

( 2 ) As per the prosecution story, a complaint was lodged by the complainant to the effect that on 29.07.2023, when the complainant returned back to home from her work at about 6:00 p.m., at that time she found that her wardrobe was open and allegedly her earnings and two pendants of her mangalsutra were missing. During investigation, the present applicant and co-accused were arrested.

( 3 ) Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in this case. The applicant is having no criminal record. She submitted that nothing has been seized form the possession of the present applicant. The complainant has also turned hostile before the trial Court and had not supported the prosecution case. The offence is triable by Judicial Magistrate First Class. The applicant is in jail since 01/08/2023. Under these circumstances, she prays for grant of bail to the applicant.

(4) Learned counsel for the respondent/State opposes the prayer by submitting that some ornaments have been seized from the present applicant, however it is fairly admitted that the complainant had turned hostile before the trial Court and there are no criminal antecedents against the applicant.

(5) After hearing learned counsel for the parties and looking to the facts and circumstances of the case and so also the fact that the offence is triable by Judicial Magistrate First Class, I am of the view that it is a case, in which applicant may be released on bail. Consequently without commenting on the merits of the case, first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.

(6) It is directed that applicant be released on bail on his 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 regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

(7) This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.