IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE ANIL VERMA rd ON THE 3 OF NOVEMBER, 2022 MISC. CRIMINAL CASE No. 46618 of 2022 BETWEEN:-

SURESH S/O SUKHLAAL RANDHAWE, AGED ABOUT 29 YEARS, OCCUPATION: SERVICE GRAM MALHERA MUJALDAPUR, DISTRICT DHAR (MADHYA PRADESH)

.....PETITIONER (SHRI VIBHOR KHANDELWAL, LEARNED COUNSEL FOR THE PETITIONER )

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION TIRLA, DISTRICT DHAR (MADHYA PRADESH)

....RESPONDENT ( SHRI MUKESH KUMAWAT GA APPEARING ON BEHALF OF ADVOCATE GENERAL)

This application coming on for hearing this day, the court passed the following:

O R D E R

Applicant has filed this first bail application under Section

439 of the Code of Criminal Procedure, 1973. He is in Jail since Signature Not Verified Signed by: BHUVNESHWAR

22.5.2022 in connection with Crime No. 158/2022 registered at P.S. Tirla District Dhar (M.P.) for commission of offence punishable under Section 342, 394, 397, 364, 325 of IPC and under section 25, 27 of Arms Act.

As per the prosecution story, on 16.5.2022 complainant Gautam registered a report at police station Tirla to the effect that he is a driver in Eicher truck, on the date of incident he was transporting iron rods from Pithampur to Meghnagar. In the night at Tirla Fata, 4 unknown persons came and they stopped the Eicher vehicle and beaten the complainant and cleaner. They took Rs. 800 cash and mobile of complainant and also caused gun shot injury on cleaner as a result of which he sustained injury on his right wrist. Thereafter accused abducted them on gun point and took them on a narrow road and committed loot. After investigation, present applicant has been arrested and a motorcycle has been recovered from his possession.

Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in this matter. Applicant is in jail since 22.5.2022. Investigation is over and charge sheet has been filed. Co-accused Kunwarsingh has been enlarged on bail by this court by order dated 13.9.2022 passed in M.Cr.C. No. 41615/2022 in similar circumstances, the present applicant has been made accused in this offence only on the basis of memorandum given by the co-accused under section 27 of Signature Not Verified Signed by: BHUVNESHWAR Evidence Act but no article has been recovered from his possession. Prosecution witnesses Ramesh (PW-2) and Mohd. Sayeed (PW-3) have been examined before the trial court and they had denied to identify the present applicant. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail.

Per-contra, learned PL for respondent/State opposes the bail application and prays for its rejection.

Perused the case diary as well as the impugned order of the court below.

Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that complainant Gautam (PW-1) has been examined before the trial court and he categorically stated in his statement that except accused Phad singh he did not know other accused persons, eye witnesses Ramesh and Mohd. Sayeed have also stated that they did not know the accused persons, in view of the evidence avilable on record, I deem it proper to release the applicant on bail.

Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.75,000/- (Rs. Seventy Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his Signature Not Verified Signed by: BHUVNESHWAR appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.

Certified copy as per rules.

(ANIL VERMA)

J U D G E BDJ Signature Not Verified Signed by: BHUVNESHWAR