DAMODAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is second repeat bail application under Sec. 439 Cr.P.C. filed on behalf of the applicant. His first bail application was dismissed as withdrawn vide order dt.14/12/2021 passed in M.Cr.C. No.61136/2021 with liberty to revive the prayer after three weeks.

(2.) T he applicant is in custody since 27/11/2021 in connection with Crime No.351/2020 registered at P.S. Morar, District Gwalior (M.P.) for the offences punishable under Ss. 394, 411 IPC and 11/13 of MPDVPK Act.

(3.) As per prosecution story, when the complainant was coming back home, after duty at Hurawali Power Station, on his motorcycle bearing number MP-07/MX-6379 Bajaj CT 100 on 8/7/2020, in route via national highway near Ganesh Dhabha co-accused persons Harendra, Pavan Jatav and Ramnaresh Pal, riding on a motorcyle, intercepted him. They caught hold of him, hit with fists and kicks and looted his mobile and Rs.3,000.00. During the course of investigation, it has come on surface that the mobile phone bearing SIM No.6265154950 (JIO) and SIM No.7697908579 (AirTel) has been recovered from the present applicant who is the uncle of co-accused Harendra. Accordingly, the case has been registered.