(1.) This is the second bail application u/S.439 Cr.P.C filed by the applicant for grant of bail. The first application was dismissed as withdrawn vide order dtd. 30/9/2021 passed in M.Cr.C. No.46889/2021.
(2.) The applicant was arrested on 17/8/2021 in connection with Crime No.567/2020 by Police Station Maharajpura, District Gwalior (MP) for the offence punishable under Sec. 379 of IPC.
(3.) As per prosecution story, on 4/10/2020 complainant Rahul lodged report at Police Station Maharajpura, District Gwalior alleging that on 3/10/2020 at 11.00 AM he was going with his Hero Splendor Motorcycle bearing No. MP07 NE 0989, chasis No.MBLHAR089JHD26962 to BSF colony for some work, he parked his motorcycle adjacent to the house of Ankit Sharma. After finishing his work at 6.00 PM when he came out he saw his motorcycle was not there where he he had parked the same. His father Mukesh is the registered owner of the said motorcycle. He lodged report at Police Station Maharajpura on the next day. On his report a crime under aforesaid offences was registered. During investigation on 18/8/2021 applicant-accused Akash was apprehended by police station Padav. On 11/8/2021 Police Station Padadv in crime No. 344/2021 four motorcycles were seized from the possession of the applicant-accused Akash, out of which one is the same which is stolen in Crime No.567/2020 at Maharajpura. He was arrested on 17/8/2021.