PAWAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application under Sec. 439 of CrPC for grant of bail. The applicant has been arrested on 28/10/2021 in connection with Crime No.175/2021 registered at Police Station Sirol, District Gwalior (M.P.) for offence under Sec. 392 of the IPC and Sec. 11, 13 of the MPDVPK Act.

(2.) It is submitted by learned counsel for applicant- Pawan that the applicant is innocent. He has not committed any offence. He has falsely been implicated in the case. The applicant is in custody since 28/10/2021 i.e. more than two months. It is further submitted that the allegation of recovery of one gold chain from the possession of the applicant is false. There is no criminal antecedent against the present applicant. Now, investigation is about to complete. Remaining investigation and trial will take its own time. Applicant is ready and willing to abide by any condition which may be imposed by this Court in case of grant of bail. Hence, prayed for grant of bail to the applicant.

(3.) Per contra, learned State counsel opposed the bail application and has submitted that today case dairy is not available. It is reflected from the order of the trial Court that the offence is registered under Sec. 392 of the IPC and Sec. 11, 13 of the MPDVPK Act wherein the applicant has committed loot of one gold chain valued Rs.80,000.00. Considering the nature and gravity of offence along-with the fact that investigation is still pending, learned State counsel prayed for rejection of this bail application.