Megha vs State Of Madhya Pradesh

Anil Verma, J

This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail relating to Crime No. 415/2023 registered at Police Station City Jaora District Ratlam (M.P.) for the offence under Sections 379, 420, 482, 467, 468 of the Indian Penal Code, 1860. The applicant is in custody since 4.10.2023.

As per prosecution story, complainant Poonam has lodged an FIR by stating that her Honda Activa bearing registration No. MP-14-ND-2125 is missing from court premises Jaora. During investigation, it has been gathered that co-accused Deepak has stolen the scooty. He also changed its number plates and gave it to present applicant for using it. On the basis of the memorandum statement of co-accused Deepak the present applicant has been made accused in this offence.

Learned counsel for the applicant submits that the applicant is an innocent person and she has been falsely implicated in this offence. She is in custody since 4.10.2023. Nothing has been recovered from her possession. She does not know that the vehicle was stolen property. Applicant is permanent resident of Ratlam district. Final conclusion of the trial is likely to take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

Per contra, learned counsel for the respondent / State opposes the bail application and prays for its rejection but he fairly admits that applicant has no criminal past.

Perused the impugned order of the trial Court as well as the case diary.

After considering all the facts and circumstances of the case, nature and gravity of offence, arguments advanced by the learned counsel for the applicant and also taking note of the fact that present applicant is not the main accused, no criminal past has been found against her, investigation is almost over therefore, no further custodial interrogation of applicant is required, but final conclusion of the trial will take sufficient long time, I deem it proper to release the applicant on bail. Therefore, without commenting on the merits of the case, the application is allowed.

It is directed that applicant be released on bail on her furnishing personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for her appearance before the trial Court, as and when required. She shall abide by all the conditions enumerated under Section 437(3) Cr.P.C.

Certified copy as per rules.