Lucky Pardi vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

Case diary is available.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicants as they have been arrested on 3.5.2023 in connection with Crime No.176/2023 registered at Police Station Kurwai, District Vidisha for the offence punishable under Sections 394, 34 of IPC.

Prosecution story, in brief is that on 27.4.2023 when the complainant Bhagendra Singh Thakur, his wife Nidhi and son Aksh were going towards village Tada Malhargarh on the motorcycle, the applicants along with one other co-accused person came there on a motorcycle and snatched complainant wife Nidhi's purse containing a gold necklace amounting to Rs.60,000-70,000/-, cash amount of Rs.5000-6000/-, mobile phone, Aadhar Card, Voter Card etc.

Learned counsel for the applicants submits that after about eight days of the incident, the applicants were arrested but nothing identifiable article has been seized from their possession. During test identification parade, they have not been identified by the complainant and other witnesses. They have falsely been implicated in the matter. They are in custody since 3.5.2023. Trial will take time to conclude and therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.

Learned counsel for the respondent/State has vehemently opposed the prayer and submits that complainant wife's Aadhar Card, Voter Card along with looted amount has been seized from the possession of the applicants. They were very well involved in the crime, therefore, the applicants are not entitled to be enlarged on bail.

Heard the learned counsel for both the parties.

Having considered the rival submission, material pointed out by the learned counsel for the applicants, test identification parade report, nature of articles said to be seized from the possession of the applicants so also other material produced on record against him, without expressing any opinion on the merits of the case, this Court is of the view that the applicants deserve to be enlarged on bail, hence the application is allowed.

It is directed that the applicants be released on bail upon their furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount each to the satisfaction of the concerned Court for their appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicants shall comply with the provisions of Section 437 (3) of Cr.P.C.

This application is allowed and stands disposed of.

Certified copy, as per Rules.