ROHIT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application filed by the applicants under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail relating to Crime No. 678/2023 registered at Police Station Kukshi District Dhar (M.P.) for the offence under Ss. 435, 436, 427, 147, 148, 149, 457 and 380 of the Indian Penal Code, 1860. The applicants are in custody since 7/10/2023.

(2.) As per prosecution story, on 29/9/2023 the complainant Imran Khan lodged a report at police station Kukshi by stating that his clothing store namely Fashion Adda situated in Rohit Jain's complex at Vijay Stambh Chowk was broken into and vandalized. During the intervening period of 28th and 29/9/2023 some unknown miscreants had broken his store causing extensive damage, including the destruction of clothes, LCDs, inverters and three security cameras. Upon inquiry it was revealed that other shops including Monisha Mobile, Aarif Manihars's jewelry shop, Abbas Bohra's Mobile store, Easy ready made in Kutubuddin Mohalla, Fazal Rafiz Mond Uddins clothing store, Jay Collection had also been vandalized. During investigation, some cloths and one mobile phone was recovered from possession of applicants and co-accused persons. Accordingly, offence has been registered against the applicants.

(3.) Learned counsel for the applicants submits that the applicants are innocent persons and they have been falsely implicated in this offence. They are in custody since 7/10/2023, co-accused Rakesh has been enlarged on bail vide order dtd. 31/20/2023 passed in M.Cr.C. No. 48900/2023 in similar circumstances, investigation is almost over, No TI parade was conducted by prosecution, applicants are young persons aged 19 years and sole butter earner of their family and permanent resident of District Dhar. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.