Rajesh vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the case diary.

This is second bail application filed by the applicant under Section 439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.703/2022 registered at Police Station Tejaji Nagar, District Indore (MP) for offence punishable under Sections 341, 392, 120-B of IPC . Applicant is in jail since 02.11.2022.

2 . The first application No. M.Cr.C.No.23469/2023 was dismissed as withdrawn by this Court vide order dated 30.6.2023 with liberty to renew the prayer after the complainant is examined or after six months of incarceration, whichever is earlier.

3 . Learned counsel for the applicant submits that the complainant Yogendra Thakur (PW-1) has already been examined and there are material omissions and contradictions in his statement. He has also not identified the present applicant. Counsel has for the applicant has submitted that co-accused Ajay has already been granted by bail by this Court vide order dated 20.10.2023 passed in MCRC.No.45743/2023. However, it is not denied that from the possession of applicant Rs.34,800/- cash, tablet samsung, biometric machine, android mobile and documents of CENT Bank has been recovered. It is prayed that the applicant be released on bail.

4 . Counsel for the State has opposed the prayer and submitted that no case for grant of bail is made out.

5 . Having considered rival submissions and on perusal of the case-dairy, the fact that the applicant is in custody since 02.11.2022, and considering the fact that the co-accused Ajay has already been granted bail by this Court vide order dated 20.10.2023 passed in MCRC.No.45743/2023 and the cash recovered is also not traceable and the final conclusion of trial will take sufficient long time, this Court is inclined to allow the bail application.

Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one local surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

Certified copy as per rules.