IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE ANIL VERMA ON THE 10^th OF NOVEMBER, 2022 MISC. CRIMINAL CASE No. 51899 of 2022 BETWEEN:-

PRADEEP S/O NATTHU AHIRWAR, AGED ABOUT 25 YEARS, OCCUPATION: LABORER GRAM NARDA TEHSIL KHURAI DISTRICT SAGAR (MADHYA PRADESH)

.....PETITIONER (SHRI KRISHNA BAJPAI, LEARNED COUNSEL FOR THE PETITIONER .)

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION RAU DISTRICT INDORE.

(MADHYA PRADESH)

.....RESPONDENTS (SHRI VISHAL SANOTHIYA PL APPEARING ON BEHALF OF ADVOCATE GENERAL.)

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

ORDER

Applicant has filed this first bail application under Section

439 of the Code of Criminal Procedure, 1973 in connection with Crime No. 619/2022 registered at P.S – Rau, Indore, District- Indore (M.P.) for commission of offence punishable under Sections

457, 380 of IPC.

As per prosecution story, the complainant along with his wife went outstation. On 25/07/2022, when the complainant along Signature Not Verified with his wife returned to home, on the next day, his wife came to Signed by: AMOL N know that some gold and silver ornaments were missing from their almirah. Then the complainant lodged FIR at police station – Rau, Indore. During investigation, two gold rings and one pendal have been recovered from the possession of co-accused Arjun and one silver kardhana has been recovered from the possession of present applicant. Accordingly, the aforementioned offence was registered and they were arrested.

Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. There is no legal evidence available on record to connect the applicant with the aforementioned offence. The applicant is 25 years labourer and sole bread earner in his family. Investigation is over and charge- sheet has been filed, therefore, no further custodial interrogation of the applicant is required.. Applicant is in custody since 02/08/2022. He is permanent resident of District- Sagar. There is no apprehension of his fleeing away from the court of justice. Final conclusion of trial shall 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.

Per-contra, learned PL for respondent – State opposes the bail application and prays for its rejection, but fairly admits that the applicant is not having any criminal record.

Perused the impugned order of the trial Court, the statements of the witnesses as well as the case dairy.

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 the alleged offence is exclusively triable by JMFC; the applicant is not having any criminal Signature Not Verified background; he is in custody since 02/08/2022 investigation is Signed by: AMOL N over and charge-sheet has been filed, therefore, no further custodial interrogation of the applicant is required and possibility of delay in conclusion of the trial cannot be ruled out, in view of the evidence available on record, I deem it proper to release the accused /

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 on his furnishing 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 appearance before the trial Court, as and when required.

He shall abide by all the conditions enumerated u/S. 437(3)

Cr.P.C., It is made clear that if the applicant is again found to be involved in any other offence during the trial, this order shall stand cancelled automatically without reference to the Court and the police will be at liberty to arrest the applicant in the present case also. This order shall be eff