Rinku Bhati S/O Udayram Bhati vs State Of Madhya Pradesh

This second application under Section 439 of Criminal Procedure Code, 1973 has been filed by the applicant, who is implicated in connection with Crime No.424/2009 registered at Police Station Kasrawat, District Khargone (MP) for offence punishable under Sections 392 /34 of the Indian Penal Code, 1860.

The applicant is in custody since 15.03.2019.

As per prosecution story, complainant Rajesh Yadav s/o Rewa ji lodged first information report on 15.09.2009 regarding robbery. Hence, the present case has been registered against the applicant.

Learned counsel for the applicant has submitted that the the applicant is innocent and he has falsely been implicated in the present crime. The applicant is in custody since 15.03.2019. The investigation is over and charge sheet has already been filed. Complainant Sandeep Verma (PW-1), Rajesh (PW-2) and Devilal Verma (PW-3) have already been examined before the trial Court on 13.09.2019 and 23.09.2019 respectively and they have not supported the prosecution story and turn hostile. No robbed property has been recovered from the possession of the applicant. No Test Identification Parade (TIP) was conducted during the investigation. There is no evidence available on record to connect the applicant with the present crime. 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 applicant on bail; hence the application filed by him 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. The applicant is directed to be released on bail upon his 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 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) 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.