DEEPAK Vs. STATE OF M.P.

JUDGEMENT

(1.) This is a repeat (2nd) application filed under Sec. 439 of Cr.P.C. by the applicant who is in custody since 16/12/2016 in connection with Crime No.719/2016 registered at Police Station Chandan Nagar, District Indore for the offence punishable under Sec. 399 and 402 of the IPC and u/s. 25, 27 of the Arms Act.

(2.) As per prosecution Story, on 16/12/2016 the police received a discreet information that some persons are sitting near Mayur Bag Nursery on Dhar Road and they are planning to commit loot in a petrol pump. The police reached the spot and apprehended the applicant and three others and found that they were planning to commit a loot in the petrol pump. The police recovered an iron pipe from the possession of present applicant and other arms from other accused. Accordingly, the police has arrested all the accused and registered the aforesaid criminal case.

(3.) Learned counsel for the applicant submits that the applicant has falsely been implicated in this case. Only an iron pipe has been recovered from the present applicant. The country made pistol and knife were recovered from the possession of other accused who have been granted bail by this Court. The applicant is in custody since 16/12/2016. All the material witnesses have been examined and they have not supported the prosecution case. He, therefore, prayed for grant of bail to the applicant.