Vikas @ Akash @ Akku vs State Of Madhya Pradesh

Anil Verma, J

This is the first application filed by the applicant for grant of regular bail under section 439 of the Code of Criminal Procedure, 1973 relating to FIR No.363/2023 registered at P.S-Dharampuri, District- Dhar (M.P.) for the offence under section 392 of IPC.

2/ As per prosecution story, on 17/05/2023, at about 4.50 pm, while Lavkush was returned by his motorcycle after collecting loan amounts for company, at that time, three accused persons along with two motorcycles came there and one of them snatched his bag containing cash of Rs. 1,38,750/-. Some papers and Adhar Card. When the complainant made hue and cry, accused Tikam was caught by the witnessed persons. Accordingly, the aforementioned offence was registered at police station – Dharampuri, District – Dhar. During T.I.P , both the applicant was identified by the victim person.

3/ Learned counsel for the applicants contended that applicants are innocent and have been falsely implicated in this offence. Applicant Ravi is in custody since 03/09//2023. No prima-facie evidence is available on record against the applicant. Complainant Lavkush hasbeen examined before the trial Court and he has turned hostile and not supported the case of the prosecution. Investigation is almost over He is permanent resident of District- Dhar. Final conclusion of trial shall take sufficient long time. Hence, he prays that the applicants be released on bail.

4/ Per-contra, learned counsel for respondent – State opposes the bail application and prays for its rejection by stating that bail applications of co-accused Ravi and Tikam have already been dismissed by this Court vide order dated 19/09/2023 passed in MCRC nos. 40841/2023 and 40836/2023 in similar circumstances and case of present applicant is similar with them. Present applicant has been arrested on the spot and he has been identified by the complainant before Test Identification Parade, hence he prays that the applicant does not deserve for grant of bail.

5/ Perused the impugned order of the trial Court as well as the case dairy. 6/ Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation as also taking note of the fact that applicant has been arrested on the spot; the complainant has identified the applicant during test identification parade; some looted money has been recovered from the possession of applicant, in view of the material evidence available on record against them, this Court is not inclined to grant bail the applicants.

7/ Accordingly, present bail applications filed under section 439 of Cr.P.C has no force and is hereby dismissed.

Certified copy, as per Rules.