HARSH SISODIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the second bail application filed by the under Sec. 439 of Cr.P.C. He is in custody since 09/02/2021 in connection with Crime No.122/2021 registered at Police Station - Bhawarkua, Indore (M.P.) for the offences punishable under Sec. 394, 395 and 397 of Indian Penal Code, 1860 read with Sec. 25 of the Arms Act.

(2.) As per prosecution Story, six accused persons have committed loot of Rs.09.00 Lacs from Suresh Goyal (PW-2) on 08/02/2021 near about 09:00 PM. On the said day Suresh Goyal was returning from is office in his Car and Laxminarayan Sharma (PW-1) was driving his car. In parking lot accused persons assaulted Suresh Goyal and snatched his bag in which he kept Rs.09.00 Lacs, cheque book and Aadhar Card of his son. After registration of FIR, all the accused persons were arrested and from their possession all the looted articles were recovered including the cash. From the possession of the present applicant Rs.1,63,000.00 were recovered.

(3.) Prosecution has examined Suresh Goyal (PW-2), his driver Laxminarayan (PW-3) and Aaryan Pawar (PW-1), in which they did not identify the present applicant. According to them there was dark and therefore, they could not identify the applicant. However, Suresh Goyal has taken back the looted amount by way of Supurdginama from the Court. The applicant did not object the aforesaid withdrawal of the amount. Learned counsel further submits that the applicant is youth of 21 years of age and is in custody with the hardened criminals for the longer period which may effect his mental status and future. On such premise, prays for grant of bail.