IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PRANAY VERMA ON THE 15^th OF NOVEMBER, 2022 MISC. CRIMINAL CASE No. 53310 of 2022 BETWEEN:-

KHAJU SHAH S/O SALIM SHAH, AGED ABOUT 27 YEARS, OCCUPATION: DRIVER R/O GRAM RALAMANDAL VIJAYGANJ MANDIS DIST.

DEWAS (MADHYA PRADESH)

.....APPLICANT (BY SHRI DEEPAK KUMAR RAWAL,ADVOCATE)

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION VIJAYAGANJ MANDI, DEWAS DISTRICT DEWAS (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI HEMANT SHARMA, GOVERNMENT ADVOCATE)

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

ORDER

1. This is second application under Section 439 of Criminal Procedure Code, 1973. Applicant is implicated in connection with Crime No.142/2022 registered at Police Station Vijayganj Mandi, District Dewas (MP) for offence punishable under Sections 454, 380 of the IPC Act. The applicant is in custody since 01.08.2022.

2. First application bearing M.Cr.C. No.47386/2022 was dismissed as withdrawn by order dated 30.09.2022 after being argued at length.

Signature Not Verified Signed by: JYOTI

3. As per the prosecution, on 30.07.2022 a report was lodged by the complainant Jitendra Singh Rathore to the effect that on 29.07.2022 he had gone out of town alongwith his family and had locked his house. When he came back at about 10:00 PM he saw that the lock of the main gate is broken and after going inside he found that the locks of the almiras have been broken and various Jwellery items such as golden bangles, golden chain and golden ring etc. have been stolen. On the basis of the report lodged by the complainant investigation was commenced by the Police during the course of which recovery of the stolen articles was made from the applicant and he has been implicated and arrested for the present offence.

4. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the case. Investigation in the matter has been completed and chargesheet has been filed hence further custodial interrogation of the applicant is no longer required. The applicant is in custody since 01.08.2022 and the offence is triable by JMFC. It is further submitted that there is no legal evidence to connect the applicant with the present crime. His implication is solely on the basis of memorandum under Section 27 of the Evidence Act. The applicant is the only earning member in the family. His implication is on the basis of false information of the informer. He was not named in the FIR and was not present on the spot ever. There is no clinching evidence available against the applicant. On such grounds prayer for grant of bail to the applicant has been made.

5. The aforesaid prayer has been opposed by the learned counsel for the respondent/State submitting that in view of the allegations levelled against the applicant, he is not entitled to be released on bail.

Signature Not Verified

6. I have heard the learned counsel for the parties and have perused the Signed by: JYOTI

17:31:59 case diary. The allegation against the applicant is of breaking open the locks of the house of the complainant and entering the same and breaking open the almiras in which the jewellery items were kept and stealing the same. Recovery of the jewellery items has been made from the applicant. There is thus direct evidence to link the applicant with the present case. The articles recovered from the applicant have also been identified by the complainant. Filing of chargesheet in the matter has not made any difference to the factual aspects of the matter. The earlier application was only recently dismissed as withdrawn by order dated

30.09.2022.

7. Thus looking to the gravity of the offence, merely for the reason that chargesheet in the matter has been filed, in my opinion in view of the material on record against the applicant, he is not entitled to be released on bail. The application being devoid of merit is hereby dismissed.

(PRANAY VERMA)

JUDGE Shilpa