ABISHEK Vs. STATE OF M.P.

JUDGEMENT

(1.) This first application under Sec. 439 of Cr.P.C. has been filed for grant of bail.

(2.) The applicant has been arrested on 18/1/2022 in connection with Crime No.8/2022 registered by Police Station Sehore Distt. Shivpuri for offence punishable under Ss. 379 of IPC.

(3.) According to the prosecution case, three Buffaloes, three calves worth Rs.2.5 lacs went missing on 24/12/2021. The statement of one Uttam Singh and Ajmer were recorded on 16/1/2022, according to which, they have seen appliant and Vakil Parihar along with two more persons taking away the cattle. The applicant Narendra Singh has been identified by the witnesses. However nothing has been seized from their possession. As per their statement recorded under Sec. 27 of the Evidence Act, the co-accused Raghvendra Parihar had taken away the cattles and on next day gave Rs.10,000.00 each to all the co-accused persons, but the applicant expressed his ignorance about the whereabouts of the cattles. Cattles were stolen in the night of 25th of December, 2021 and the witnesses for the first time came forward on 16/1/2022 to say that they have seen two co-accused persons, namely, Vakil Parihar and the applicant and two more persons along with cattle.