Rani Basode @ Sode vs State Of Madhya Pradesh

This first application under Section 439 of Criminal Procedure Code, 1973 has been filed by the applicant, who is implicated in connection with Crime

No.163/2019 registered at Police Station Neelganga, District Ujjain (MP) for offence punishable under Sections 457 and 380 of the Indian Penal Code,

1860.

The applicant is in custody since 27.11.2019.

As per prosecution case, on 27.03.2019 a theft was committed in house of complainant Raghuveer Singh Ranawat s/o Bheru Singh Ranawat; and

after investigation of the matter, the present applicant has been arrested and a case has been registered against him for the alleged offence.

Learned counsel for the applicant has submitted that the applicant is neither named in the FIR nor in the statement of complainant and other witnesses

recorded under Section 161 of the Code of Criminal Procedure, 1973. Some silver and gold ornaments alleged to have been recovered from the

possession of the applicant after eight months of the alleged incident. Although during the identification, complainant identified the articles, which have

been recovered from the possession of the applicant, however, out of them, some seized articles have not been stolen from the house of the

complainant, which creates doubt about the involvement of the accused persons. The applicant is in custody since 27.11.2019. The investigation is

over and charge sheet has been filed. The offence registered against the applicant is triable by Judicial Magistrate First Class. There is no possibility

of his / her absconsion or tampering with the evidence, if enlarged on bail. Conclusion of the trial will take sufficiently long time. Under these

circumstance, learned counsel for the applicant prays for grant of bail to the applicant.

Learned Public Prosecutor for the non-applicant / State of Madhya Pradesh submits that no sufficient ground is made out for releasing the present

applicant on bail; hence the application filed by the applicant be dismissed.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the

merits of the case, the application filed by the applicant is allowed. He is directed to be released on bail upon his / her furnishing a personal bond in the

sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety of the like amount to the satisfaction of trial Court, for his / her regular

appearance before the trial Court during trial with a condition that he / she shall remain present before the Court concerned during trial and shall also

abide by the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy, as per rules.