Saadik @ Saddu vs State Of Madhya Pradesh

This is first bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure.

The applicant is in custody since 19.06.2019 in connection with Crime No.350/2019 registered at Police Station Nasrullahaganj District Sehore (M.P.) for the offences punishable under Section 394 read with Section 34 of the IPC.

Prosecution story in short is that on 19.06.2019 at about 12:15 in the evening , complainant-Vishnu Prasad Meena was going on his truck with his helper, on the way near Sothiya village, present applicant and other co-accused persons came there by two motor cycle i.e. one TVS Sports white color bearing registration No. MP37MM7030 and one Honda Sine red color and complainant has been stopped by them and they have snatched Rs. 31,000/- and one mobile of the complainant and other co-accused person went his helper side and inflicted injury to helper and snatched his mobile also. Thereafter they ran away from the spot. Thereafter, on the report of the complainant, a case has been registered against the present applicant and other co-accused persons.

Learned counsel for the applicant submits that the applicant is an innocent person and has falsely been implicated in this case. There is no evidence on record against the applicant to connect him with the aforesaid crime. He also submits that present applicant is labour and he has been falsely implicated in said offence whereas nothing has been seized from the possession of the present applicant. There is no probability of his absconding and tampering the evidence of prosecution. On the basis of memorandum statement of co-accused, present applicant made as an accused in the present case. Charge sheet has been filed and conclusion of trial will take long time to conclude. He also submits that co-accused persons have already been released on bail by this Court vide order dated 21.08.2019 and 27.09.2019 passed in M.Cr.C.No.31839/2019, M.Cr.C.No.31873/2019 and M.Cr.C.No.38631/2019 respectively. The applicant is ready to furnish bail bond as per the order, abiding with all conditions imposed by the Court. On these grounds, the learned counsel for the applicant prays for grant of bail to the applicant.

Per-contra, learned G.A. for the respondent/State opposes the bail application.

After hearing arguments of both the parties, looking to the whole facts a n d circumstances of the case and this fact that there is no criminal antecedent against the present applicant and there is no probability of his absconding or tampering the with evidence of the prosecution witness and also this fact that co-accused persons have already been released on bail by this Court vide order dated 21.08.2019 and 27.09.2019 passed in M.Cr.C.No.31839/2019, M.Cr.C.No.31873/2019 and M.Cr.C.No.38631/2019 respectively, I am of the considered view that it would be appropriate to release the applicant on bail. Therefore, without commenting on merits of the case, the application of the present applicant, namely, Saadik @ Saddu under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.

It is directed that applicant be released on bail on his furnishing a bail bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with on solvent surety of the same amount to the satisfaction of the concerned trial Court for his appearance before it on the dates given by the concerned Court. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

C.C. as per rules.