DINESH PRAJAPAT Vs. STATE OF MP

JUDGEMENT

(1.) This is third bail application under Section 439 of Cr.P.C. in connection with Crime No.543/2019 under Section 382 and 392 of IPC registered at Police Station - Nanakhedia, Ujjain. First application was dismissed as withdrawn vide order dated 30/12/2019 passed in MCRC No.53727/2019 and second application was dismissed on merits vide order dated 12/02/2020 passed in MCRC No.6287/2020.

(2.) According to the prosecution case, complainant Pankaj serves with RBL Frinserv Ltd. as cash collection agent. On 11.09.2019, he had gone to collect cash by his motorcycle bearing registration no.MP-41-N-9996 as usual. He collected the cash in village Navakheda, Ramvasa and Panthpipliya and proceeded for village Shahda at about 01:00 in the afternoon. He was driving the motorcycle slowly due to bumpy road. On the way, little ahead of village Panthpipliya opposite of a Dargah, when he was driving the motorcycle slowly and was also talking on mobile phone, suddenly, two unknown miscreants aged about 25-28 years, driver wearing red shirt and cap and both have covered their faces by clothes came from his back on motorcycle. They snatched his bag and mobile and fled away towards Indore Ujjain highway. The complainant also noticed that the persons sitting behind was having a knife in his hand. The bag was containing cash of collection Rs.96,000/- and wallet. There were Rs.3200/- cash, three ATMs, Aadhar Card, Voters ID, Driving License, Pan Card and three color photocopy of registration of motorcycle and his mobile phone in the wallet. His mobile was Samsung J-7 with two sims of Airtel and Idea company. The complainant came to Panthpipliya and requested a person present at a medical store, took his mobile and intimated the incident to his Branch Manager Hamraj Rathore and to the police.

(3.) Learned counsel for the petitioner submits that there is no progress in trial and not a single witness has been examined in past 9 months. He is in jail since 18/09/2019 and has spent 9 months in custody. He has no criminal record, therefore, he be granted bail.