Salman Hussain@Jaiky vs State Of Madhya Pradesh

Mohd. Fahim Anwar, J

This is the first application filed under Section 439 of Cr.P.C for grant o f bail t o the applicant, a s h e has been arrested in connection with Crime

No.492/2020, registered at Police Station Dehat, District Hoshangabad for the offence punishable under Section 392 of the Indian Penal Code.

The case of the prosecution is that on 15/10/2020 at about 3.45 p.m., complainant Vinita Kanoongo was sitting on her shop then one unknown person

has came there and looted her Mangalsutra which she was wearing in her neck. She lodged the report, o n that basis, Crime No.492/2020 for the

offence under Section 392 o f IPC was registered against unknown person. Later-on, applicant was apprehended on the basis of CCTV footage. On

interrogation he has admitted the commission of crime and on the information and instance, the looted Mangalsutra was recovered from the possession

of the applicant.

It is submitted b y t h e learned counsel f o r t h e applicant that the applicant is innocent and has not committed any offence and has falsely been

implicated in the case. It is further submitted that the applicant is a young youth of 28 years and is in judicial custody since 16/10/2020. The trial will

take time to conclude. There is no likelihood of his absconding or tampering with the prosecution witnesses. Therefore, it is prayed that the applicant

be released on bail.

Learned counsel for the respondent/State has vehemently opposed the submissions made on behalf of the applicant. It is conceded by the learned

counsel for the respondent/State that the applicant is not having any criminal antecedents.

Keeping in view the facts and circumstances of the case particularly the facts as pointed out by the learned counsel for the applicant, period of his

detention (since 16/10/2020) and also looking t o the exigency o f Covid-19 disease, i n my opinion, it is a fit case for grant of bail, hence, without

commenting on merits of the case, this application is allowed.

It is directed that t h e applicant shall be released o n b ail on his furnishing personal bond in the sum of Rs.30,000/- (Rupees thirty thousand only)

along with one solvent surety in the like amount to the satisfaction of the trial Court to appear before the Court on the dates given by the concerned

Court. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr.P.C.

In view o f the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities a r e directed to follow t h e directions/guidelines issued

b y the Government with regard t o COVID-19 before releasing the applicant.

This application stands allowed and disposed of.

Certified copy as per rules.