MOHSIN KHAN Vs. STATE OF MADHYA

JUDGEMENT

(1.) This is the second bail application under Sec. 439 of Criminal Procedure Code, 1973, filed by the applicants for grant of bail. The first bail is dismissed as withdrawn vide order dtd. 6/4/2023 passed in M.Cr.C. No. 13250/2023.

(2.) The applicant is facing trial relating to FIR/Crime No. 56/2022 registered at Police Station Chargavan, District Jabalpur for the offence punishable under Sec. 392 of the IPC. As per prosecution, applicants have stolen the Gold and Silver ornaments from the shop of the complainant. Learned counsel for the applicants submits that the applicants are innocent and has been falsely implicated in this case. It is further submitted that no article was seized from the possession of the applicants. The applicants are in custody since 21/2/2022. They have no criminal antecedents. It is further submitted that witnesses Sajal Soni (PW/1), Rawal Patel (PW/2), Bhupendra (PW/3) have been examined. They have not stated against the applicants. The conclusion of trial will take sufficient time. On the aforesaid grounds, prayer is made to release the applicant on bail.

(3.) Learned Panel Lawyer has opposed the application and prayed for its rejection, but fairly conceded that applicants have no criminal antecedents under the same nature. Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary, without commenting on the merits of the case, this application is allowed.