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THE HIGH COURT OF MADHYA PRADESH

MCRC-1952/2022

(Mithun @ Mithen Vs. State of M.P.)

Gwalior, Dated: 14.01.2022

Shri S.K. Tiwari learned counsel for applicant.

Shri G.P. Chaurasia, learned Public Prosecutor for

respondent/State.

This is first bail application u/S.439 Cr.P.C filed by the

applicant for grant of bail.

The applicant was arrested on 15.06.2021 in connection with

Crime No.315/2020 by Police Station Bajranggarh, District Guna

(MP) for the offence punishable under Sections 392 of IPC.

As per prosecution case, on 24.12.2020 between 11 to 11.15 am

when complainant Prabhu along with his wife reached near

Okhrikheda on his motorcycle, some persons came on two

motorcycles and by stopping their motorcycles in front of the

motorcycle of complainant stopped him. Thereafter two persons came

near the complainant and one person pointed Katta and asked him to

handover the valuables and the other person took out from his pocket

mobile, purse containing papers of motorcycle, Adhar card and cash

of Rs.2,000/-. Thereafter by taking the motorcycle of the complainant,

they ran away. Two accused are between 30-35 and two are between

20-22 years of age. He lodged a report at police Station, Bajranggarh,

Distt. Guna on the same day and on his report, crime for the aforesaid

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offence was registered. During investigation, present applicant was

arrested on 15.6.2021. From his possession, one purple color

motorcycle without number plate whose engine number and chesis

number were tampered, was seized. Co-accused Hari and Ramesh

Gurjar have been granted bail vide order dated 21.12.2021 and

05.01.2022 passed in M.Cr.C. No.61975/2021 and M.Cr.C. No.

63691/2021. After investigation, charge-sheet has been filed. .

Learned counsel for the applicant submit that applicant is innocent

and falsely implicated in the case. He is in custody since 15.06.2021.

Investigation has been complete and charge-sheet has been filed. He

undertakes to cooperate in trial and to abide by the conditions which

may be imposed by this Court. Conclusion of trial will take time. On

such premises, learned counsel for the applicant prayed for bail.

Learned counsel for the State opposed the application and prayed

for its rejection.

Both the Advocates are heard through video conferencing. Case

diary perused.

Looking to the facts and circumstances of the case, but without

commenting on the merits of the case, this Court is of the opinion that

the application should be allowed and by allowing the application it is

ordered that if applicant furnish bail bond of Rs.25,000/- (Rupees

Twenty Five Thousand only) with one solvent surety in the like amount

to the satisfaction of the trial Court, he shall be released on bail.

Applicant will present during trial before the trial Court on each

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and every date.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for

compliance.

Certified copy as per rules.

(Deepak Kumar Agarwal)

Judge

ojha

YOGENDRA

OJHA

2022.01.14

17:37:27

+05'30'