Mukamsingh And Others vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

This is first bail application filed by the applicants namely; applicant No.1 Mukamsingh S/o Gulab Dawar and applicant No.3 Bansingh S/o Suku

Dawar under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.419/2021 registered at Police-Station â€

Amjhera, District â€" Dhar (MP) for the offence punishable under Section 379 of Indian Penal Code, 1860 and the applicant is in custody since

24.09.2021.

The prosecution story in brief is that on 03.09.2021 at about 7:15 pm, the applicants along with co-accused Mukesh S/o Jaharsingh took the mobile

phone, gold mangalsutra, earring tops, silver rings and payal from the possession of complainant as well as of his wife without their permission and

stolen the same.

Learned counsel for the applicants submits that nothing has been seized from the possession of present applicants.

During TIP applicants were not identified by the complainant. Applicants have been falsely implicated in the aforesaid crime. The applicants are in

custody since 24.09.2021 and the conclusion of trial would take considerably long time. Hence, prayer is made to enlarge the applicants on bail.

Per contra, learned counsel for the non-applicant/State has opposed the application and submits that the stolen property, mobile phone as well as

jewelries have been seized from the possession of present applicants. Hence the applicants are not entitled for grant of bail.

Having considered the rival submissions and the material available on record and the fact that the applicants were not identified by the complainant

during TIP and also considering other facts and circumstances of the case, this Court is of the view that the applicants deserves to be enlarged on bail,

hence, without commenting anything on the merits of the case, the application is allowed.

The applicants No.1 and 3 are directed to be released on bail on their furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand)

each with one solvent surety each of like amount to the satisfaction of Trial Court/Committal Court for their regular appearance before the Trial

Court/Committal Court with a condition that they shall remain present before the Court concerned on all such dates as may be fixed in this behalf by

the Trial Court during the pendency of trial. The applicants shall also abide by the conditions enumerated under Section 437(3) of Code of Criminal

Procedure, 1973.

In view of the outbreak of 'Corona Virus Disease (COVID-19)' the concerned jail authority is directed to follow the directions / guidelines issued by

the Government with regard to COVID-19 before releasing the applicants.

Miscellaneous Criminal Case No.8396 of 2022 stands allowed and is disposed of in above terms.

Let a copy of this order be sent to the Court concerned for compliance. Certified copy as per Rules.