THE HIGH COURT OF MADHYA PRADESH MCRC-3399-2018 (MUKESH SINGH Vs THE STATE OF MADHYA PRADESH THR)

Gwalior, Dated : 09-03-2018 Shri D.S. Tomar, learned counsel for the applicant.

Shri Vivek Mishra, learned Public Prosecutor, for the respondent/State.

Case Diary is perused. s Learned counsel for the parties are heard.

This is first application under Section 439a of CrPC by applicant Mukesh Singh, S/o Virendra Singh Tomar, against whom Crime No.285/2016 has registered at Police Sta tion Porsa in relation to the offences punishable under Sections y279, 337, 338, 420, 465, 468, 471 of IPC and 3/181, 146/194, 39/192 of Motor Vehicles Act. Applicant is in custody since 21.12.201a7.

It is applicant's contention that he is innocent and he was neither the owner of the motor cycle nor was responsible for the upkeep of the motorcycle. He has drawn attention towards the statements of Dharmveer Sharma, who has mentioned that he is owner of the motorcycle MP06HA3380. His brother Rakesh Sharma is engaged in the work of digging of tubewell and applicant Mukesh Singh works as a m istry. Mukesh Singh had taken said motorcycle on 01.09.2017 without informing anybody.

i He has also drawn attention to the statements of Rakesh Sharma and has submitted that Rakesh Sharma and Ramlochan Sharma to support his contention that he being worker of Rakesh had taken motorcycle and motorcycle belonging to Rakesh Sharma i.e.

Dharmveer Sharma and he has been falsely implicated.

Learned Public Prosecutor opposes such bail and submits that it is evident from the statements of Dharmveer Sharma that Mukesh had taken motorcycle on 01.09.2017 without informing anybody and despite several request by his brother Rakesh Sharma, he has not returned the motorcycle. On 07.09.2017 his brother Rakesh had informed him that Mukesh had put a forged No.MP06HA3380 and is driving such motorcycle. On 07.09.2017, the accident had taken place causing injury to one person and said motorcycle was confiscated from the possession of Mukesh Singh. It is also submitted that in fact motorcycle MP06HA3380 is a Hero Honda motorcycle belonging to one Dharmendra Singh Jadon and engine of said motorcycle is 00197 and chassis No. is 27274. In view of such statements, he submits that in fact number of motorcycle of Dharmendra Singh Jadon was misused by the present applicant and, therefore, he should not be enlarged on bail.

Learned counsel for the applicant submits that accident had taken place on 07.09.2017. As per statement uneder Section 161 Cr.P.C., Dharmveer Sharma 's motorcycle was taken by Mukesh on 01.09.2017. When Mukesh had taken the mrotorcycle under deemed permission then there was no occasion for him to have tampered with the number of the motorcycle or that of engine or chassis number. It is also submitted that no report wahs lodged by Dharmveer Sharma or Rakesh Sharma about the said incident that applicant had taken the motorcycle without permission. No original number plate has been recovered from the applicant and in fact Ramlochan Sharma has categorically stateod that said motorcycle was used for casual work. Thus, there is no motive attached to applicant to change the number of the motorcycle when he had taken the motorcycle away under the knowledoge of the owner Dharmveer Sharma. In view of such facts learned counsel applicant prays for enlarging the applicant on bail.

Looking to the fact that charge-sheet has been filed and investigation is complete, without expressing any opinion on the merits of case, this application is allowed and it is directed that on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) along-with two solvent sureties of same amount to the satisfaction of concerned trial Court, the applicant shall be released on bail, with a direction that he shall remain present on each and every date of the trial before the trial Court concerned and shall abide by all the terms and conditions enumerated under Section 437 (3) of CrPC.

His single no