Mohanlal vs State Of M.P

Deepak Kumar Agarwal, J

This is the First bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.

Applicant has been arrested on 12.7.2021 by Police Station, G.R.P. BG Gwalior, in connection with Crime No.81/2021 for the offence punishable under Section 392 of IPC and Sections 11/13 of the MPDVPK Act.

As per prosecution story, on 4.7.2021 complainant Ashok Yadav along with his wife was travelling from Nizamuddin to Sikandarabad by train No.02722 Dakshin Express on berth No.28 of coach No.S-9. When train departed from Datia station, some unknown person snatched gold Mangalsutra of his wife from the window. He lodged a report at GRP police Station, Vidisha. Report was recorded at zero number and thereafter it was transferred to GRP BG Gwalior where Crime No.81/2021 under Section 392 of IPC and Sections 11/13 of the MPDVPK Act was registered. Matter was investigated. During investigation, applicant/accused Mohanlal and other accused were apprehended. From the possession of applicant Mohanlal one piece of gold chain has been seized. After investigation, charge-sheet has been filed.

It is submitted by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the offence. He is in custody since 10.7.2021. It is further submitted that co-accused Khem Singh and Kale have been released on bail by this Court. Investigation has been complete and charge-sheet has been filed. Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail.

Learned counsel for the State opposed the prayer and prayed for dismissal of the application.

Both the Advocates are heard. Case diary perused.

Looking to the aforesaid facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes cash security of Rs.25,000/- along with bail bond of Rs.25,000/-

(Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.

He will present during trial before the trial Court on each and every date. In case of any default, cash security of Rs.25,000/-shall be forfeited without giving any notice.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.