GOVIND SINGH Vs. STATE OF M. P.

JUDGEMENT

(1.) This is first application filed under section 439 of the Cr.P.C arising out of crime no.253/2020 under section 394, 395, 397, 450, 120-B of the IPC and 25,27 of the Arms Act registered at police station Annapurna Indore.

(2.) Learned counsel for the applicant submits that as per prosecution story, on 08.07.2020 an incident of loot had taken place in house no.107, Usha Nagar, Gouri Keshar Apartment. As per prosecution story, mobile phones, country made pistol, another pistol, motorcycle, scooty, knives, golden and silver ornaments etc were recovered alongwith some cash. In Test Identification Parade (TIP), the complainant could not identify the present applicant. The applicant has been falsely implicated in the case. Similarly situated co-accused persons namely Banty, Pappu Jat, Shubham Sharma and Sanjay Khare are enlarged on bail by this Court by M.Cr.C Nos.45470/2020, 47722/2020, 52893/2020, 2738/2021. The applicant may be enlarged on bail because chalan has been filed.

(3.) The prayer is opposed by the learned Panel Lawyer. However, he did not dispute that the applicant has not been identified in TIP. He fairly admitted that chalan has been filed and bail has been granted to the aforesaid co-accused persons.