GOVARDHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is second application under Sec. 439 of CrPC for grant of bail. First application was dismissed on merits vide order dtd. 04/07/2022 in M.Cr.C. No.29331/2022.

(2.) The applicant has been arrested in connection with Crime No.122/2020 registered at Police Station Crime Branch, District Gwalior for offence under Sec. 420 of IPC and added Ss. 201 and 34 of IPC.

(3.) Prosecution story in brief is that on 12/9/2020, complainant Kailash Sahu filed a written application before Crime Branch alleging that he is having bank account bearing No. 348201000003178. On 12/9/2020, some unknown persons had withdrawn money from his account using ATM card. It is further alleged that on different dates at multiple times his money was withdrawn from his account by using the ATM card. Upon his report, case under Sec. 420 of IPC was registered at Crime No.122/2020. During investigation, the complainant identified present applicant as one of the persons who came to his petrol pump and was watching him withdraw the money and removed his ATM card and inserted his own card.