DILIP Vs. STATE OF M.P.

JUDGEMENT

(1.) This is the first bail application filed under Sec. 439 of Cr.P.C. for grant of bail. The applicant is being implicated in Crime No.443/2021, registered at police station Kasrawad, district Khargone, for commission of offence punishable under Ss. 379 of IPC.

(2.) The prosecution story in brief is that in the intervening night of 10-11/7/2021, the applicant along with other co-accused persons have stolen a vehicle Toofan bearing registration No. M.P.10-BA-4609 belonging to the complainant Lalu Thakur from his possession.

(3.) Learned counsel for the applicant submits that it is alleged against the applicant that at his instance the aforesaid stolen vehicle was seized from the possession of the co-accused Thavriya. Place of seizure is an open place and the stolen property is said to be seized from the possession of co-accused. No case is made out against the applicant. He has been falsely implicated in the matter. Investigation is completed and charge-sheet has been filed. Applicant is in custody since 8/10/2021. Trial will take time for its conclusion. Co-accused Thavriya has already been enlarged on bail vide order dtd. 6/1/2022, passed by this Court in M.Cr.C.No.62477 of 2021 and the applicant is on better footing that of co-accused therefore, he is also entitled for bail.