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2022 Supreme(MP) 1410

DEEPAK KUMAR AGARWAL
Sanjay – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Shiv Pratap Singh Kushwah, Advocate, Shiraz Qureshi, Advocate
Final Result : Allowed

JUDGMENT

Deepak Kumar agarwal, J. - This is the second bail application u/S. 439 of Cr.P.C. filed by the applicant for grant of bail. First bail application was dismissed as withdrawn vide order dated 06.12.2021 passed in M.Cr.C.No.59732/ 2021.

The applicant was arrested on 15.11.2021 in connection with Crime No.139/2021 by Police Station Tendua, District Shivpuri (M.P.) for the offence punishable under Sections 392,341,427 of IPC and Section 11,13 of MPDVPK act.

In brief case of the prosecution is that on 21.10.2021 at about 10:48 pm complainant-Santosh had lodged an FIR before Police Station Tendua, District Shivpuri alleging that on 21.10.2021 at about 03:30 PM when he was going to Gwalior with tankar containing 30 tons oil bearing registration No. M.P. 09 HG 8996 from agarwal Oil Mill Pvt. Ltd. Fatehnagar, Udaypur. as soon as, he reached near Police Station Tendua, four persons came there with a motorcycle and stopped the tankar. Thereafter, two persons climbed the tankar and dropped down the complainant and remaining two other persons took the tankar towards Shivpuri. Thereafter, he chased with another tankar to the aforesaid tankar and found that the tankar was laying down on th

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