GAURAV SONI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first bail application under Section 439 of the Criminal Procedure Code, 1973. The applicant is in jail since 13.07.2020 in connection with Crime No.274/2019 registered at P.S., Kuravar, District - Rajgarh, for offence punishable under Section 411 of IPC.

(2.) As per prosecution story, the theft was committed in the house of complainant - Chandraprakash on the intervening night of 13th and 14th July, 2020. During the course of investigation, the co-accused namely- Deepak, Sunil and Gambhir disclosed that they have sold the necklace to the applicant. The necklace was seized from the applicant only on 13.08.2020. Accordingly, the case has been registered.

(3.) Investigation is complete, challan has been filed. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the crime. He had no knowledge of the property being a stolen property, therefore he was a bona-fide purchaser. He is not in the Jewellery business and instead runs Hero Honda showroom at Narsinghgarh. He has no criminal antecedents. He has suffered jail incarceration since 13.07.2020. His further incarceration shall jeopardize life of the family members. Due to Covid- 19, the Court proceedings are paralyzed and regular proceedings are not taking place as a result there is possibility of undue and prolonged delay of trial in the obtaining facts and circumstances cannot be ruled out. Under such circumstances, the applicant deserves to be enlarged on bail on such terms and conditions, Hon'ble Court deems fit and proper.