NARENDRA SINGH PARIHAR 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.) It is submitted by the Counsel for the applicant that according to the prosecution case, three Buffaloes, three calves worth Rs.2.5 lacs went missing on 24/12/2021. It is submitted that the statement of one Uttam Singh and Ajmer were recorded on 16/1/2022, according to which, they have seen Chotu Solanki 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 his possession. As per his 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 cattle. It is submitted that the entire case is based on ocular evidence with no recovery. Further more, the cattles were stolen in the night of 25th of December, 2021 and the witnesses came forward for the first time on 16/1/2022 to say that they have seen two co-accused persons, namely, Vakil Parihar and Chotu Solanki with two more persons along with cattle. The applicant has no criminal history. The trial is likely to take sufficiently long ti me and there is no possibility of his absconding or tampering with the prosecution case.