The court considered the nature and gravity of the offence, the delay in FIR, and the time spent by the applicant in jail in granting bail.

JUDGMENT

Anil Verma, J. - This is the first bail application under Section 439 of the Code of Criminal Procedure, 1973 filed on behalf of the applicant for grant of bail. The applicant is in custody since 30/12/2022 in connection with Crime No.315/2022 FIR dated 29.12.2022 registered at Police Station Central Kothwali, District Indore (M.P.) for commission of offence punishable under Sections 392, 34 of the Indian Penal Code, 1860.

2. As per the prosecution story, complainant Lalta Prasad Shukla lodged a report at police station Central Kothwali by stating that he is working as an accountant in Vinayak Transport Company, Patidar Transport Company, on 28.12.2022 at about 10.00 pm, he was returning back home by black colour Activa and while he was nearing Siyaganj Main road, three unknown persons, covering their face with cloth came on a black colour motorcycle, the third person on the motorcycle snatched his bag containing Rs.20,000/-, visiting cards, spectacles and a small diary and fled away from the spot. On the said report, offence has been registered against the accused persons. During investigation Rs.10,000/- cash, a bag and a laptop was recovered from the present applicant.

3. Learned counsel for the applicant submits that the applicant is an innocent person and he has been falsely implicated in this offence. He is in custody since 30/12/2022. Investigation is over and charge sheet has been filed. Co-accused Ayush has already been enlarged on bail by 10th ASJ, Indore and the applicant is having parity with the co-accused. He is the permanent resident of Indore district and final conclusion of the trial is likely to take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

4. Per contra, learned counsel for the respondent / State opposes the bail application and prays for its rejection by submitting that the applicant has been identified by the complainant and there are three criminal antecedents registered against the present applicant. He is an habitual offender, hence, is not entitled to be released on bail.

5. Perused the impugned order of the trial Court as well as the case diary.

6. After considering all the facts and circumstances of the case, nature and gravity of offence, also taking note of the fact that as per FIR the three miscreants have covered their face with cloth and the applicant has not been named in the FIR, the FIR has been delayed by about 17 hours so also the fact that the applicant has suffered more than three months in jail, investigation is over and charge sheet has been filed, final conclusion of the trial will take sufficient long time, in these circumstances, I deem it proper to release the applicant on bail. Therefore, without commenting on the merits of the case, the application is allowed.

7. It is directed that applicant be released on bail on his furnishing personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by all the conditions enumerated under Section 437(3) Cr.P.C.

8. Certified copy as per rules.