NARENDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Applicant has filed this first bail application under Sec. 439 of the Code of Criminal Procedure, 1973. He is in jail since 27/5/2022 in connection with Crime No.18/2022 registered at P.S. - Kalukheda, Ratlam (M.P.) for commission of offence punishable under Sec. 420, 406/34 of IPC.

(2.) As per the prosecution story, on 4/1/2022 complainants lodged the written report at the police station by stating that the applicant Narendra Singh and co-accused Kailash have taken the tractor from the complainants for rental basis, but for last two years they have not paid the rent amount and also not returned the tractor to the complainant. On that basis police registered the complaint. During investigation the police arrested the co-accused persons and recovered the tractor, which is involved in the crime. On the basis of memorandum given by co- ccused under Sec. 27 of the Evidence Act the present applicant has been implicated in this offence.

(3.) Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. There is no legal evidence available on record to connect the applicant with the aforementioned offence. Investigation is over and charge-sheet has been filed, therefore, no further custodial interrogation of the applicant is required. No weapon has been recovered from his possession. Co-accused Sunil has been enlarged on anticipatory bail vide order dtd. 05/07/2022 passed in MCRC no. 31337/2022 and co-accused Krishna and Shankar have been enlarged on regular bail by ths Court vide order dtd. 05/07/2022 passed in MCRC no. 20434/2022 and vide order dtd. 15/07/2022 passed in MCRC no. 34491/2022 in similar circumstances. Applicant is in custody since 10/01/2023. He is permanent resident of District- Ratlam. There is no apprehension of his fleeing away from the court of justice. Final conclusion of trial shall take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.