Lokesh Alias Lokendra vs State Of Madhya Pradesh

Sanjeev S Kalgaonkar, J

This first bail application has been filed by applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.365 of 2023 registered at Police Station Chachoda, District Guna (M.P.) for offences punishable under Sections 394 and 395 of IPC. The applicant is in judicial custody since 22.08.2023.

A s per the case of prosecution, Amit Khandelwal reported to Post-Beenganj, Police Station - Chachoda, District- Guna that on 09.08.2023, around 7:20 in the evening, he was working at his shop. Four unknown persons came to the shop covering their faces. One of them assaulted him with danda on his right hand, other persons took out cash of Rs.80,000/- from the cash counter, thereafter, all the four unknown persons fled away. On such allegations, PS Chachoda, District Guna registered FIR at Crime No.365 of 2023 for offences punishable under Sections 394 and 395 of IPC against four unknown offenders. Applicant was arrested on 22.08.2023, on the basis of statement given by co-accused Ramkumar to the police. On the basis of information given under Section 27 of the Evidence Act, Rs.5,000/- in cash and receipt book were recovered at the instance of the applicant. During TIP (Test Identification Parade), the complainant could not identify the applicant. Investigation is underway.

Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that applicant is falsely implicated in the matter, merely on the basis of statement of co-accused in police custody. No incriminating article involving the applicant with alleged offence is recovered at the instance of the applicant. Applicant is aged 24 years. Earlier, co-accused Ramkumar and Pradeep has been granted bail by this Court in MCRC No. 47406/2023 and MCRC No.48815/2023 vide order dated 20/10/2023 and 31/10/2023 respectively. Applicant is sole bread earner in the family. There is no likelihood of his absconding leaving family and home. There is no likelihood of interfering with the evidence or tampering with the evidence. Jail incarceration is causing great hardship to the family of the applicant. The trial would take time to complete. Therefore, applicant may be extended the benefit of bail.

Per contra, learned Counsel for the State opposes the bail application and cites 2 criminal cases prosecuted against the applicant.

I n reply, learned counsel for the applicant submits that applicant was extended benefit of bail in other cases. He had never been convicted in any major offence. Learned counsel further contends that applicant is falsely implicated in the matter on the basis of recovery of receipt book of the complainant, but complainant in the FIR has not alleged theft of receipt book from his shop.

Heard learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case, but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed.

Accordingly, it is directed that applicant LOKESH @ LOKENDRA shall be released on bail in relation to Crime No.365 of 2023 registered at Police Station Chachoda, District Guna (M.P.) for offences punishable under Sections 394 and 395 of IPC, upon furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, :

The applicant shall remain present on every date of hearing as may be directed by the concerned Court;

The applicant shall not commit or get involved in any offence of similar nature;

The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to the investigating officer;

The applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness;

The applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C regarding examination of witness in attendance.

This order shall be effective till the end of trial. However, in case of breach of any of the pre-condition of bail, it shall become ineffective without reference to the Court.

CC as per rules.