ORDER

This first application has been filed by applicant under section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.351 of 2024 registered at Police Station Dabra, District Gwalior (M.P.) for offence punishable under Section 379 of IPC. Applicant is in judicial custody since 03-05-2024 (as per arrest memo).

As per the case of prosecution, Ashok Sharma reported to SH), PS Dabra that his e-rickshaw (Tum-Tum) bearing registration no.MP 07-RA-1113 was stolen in the intervening night of 30/01-05-2024. Ashiq Khan, son of Wahid Khan was taken into custody. He informed that he along-with his associates Amir Khan, Sunil Sahu (applicant) and Jitendra Kushwah has stolen e-rickshaw.

Police intercepted him. E-rickshaw was recovered at the instance of Ashiq Khan. Applicant was arrested on 03-05-2024. One battery of e-rickshaw was recovered at his instance. Investigation is underway. Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant has been falsely implicated in this matter merely on the basis of statement of co-accused Ashiq Khan. Ashiq Khan has been extended the benefit of bail by the tri