KAMAL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) These are first applications under Sec. 439 of Criminal Procedure Code, 1973, filed by the applicants for grant of bail during trial.

(2.) The applicants are facing trial in connection with Crime No.408/2020 registered at Police Station-Khategaon, District-Dewas, for offence under Ss. 379, 413, 414, 419, 420, 468, 471, 482, 483, 34 of IPC, 1860. The applicants are in jail since 31/12/2021 and 29/12/2021 respectively.

(3.) Allegation against the applicants is that of commission of theft of Swift Dezire Car bearing Registration No.MP 41 CA 5931 belonging to the complainant. Accordingly case has been registered against the applicants. Learned counsel for the applicants has submitted that the applicants are innocent and have been falsely implicated in the present crime. They have been implicated on the basis of the memorandum recorded under Sec. 27 of the Indian Evidence Act. Nothing has been seized from the applicants. There is no evidence on record to prove that the vehicle was stolen by the applicants. The applicants are in custody since 31/12/2021 and 29/12/2021 respectively. Investigation is over and charge sheet has been filed and conclusion of trial will take sufficient long time. Co-accused Shivaji, Palchand and Mithlesh have been enlarged on bail vide orders dtd. 13/5/2022 and 22/6/2022 in M.Cr.C.Nos.20319/2022, 18536/2022 and 30989/2022 respectively. Under these circumstances, learned counsel prays for grant of bail to the applicants.