HEMANT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Applicant has filed this second bail application under Sec. 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail relating to Crime No.321/2023 registered at P.S. Raojibazar, District Indore (M.P.) for commission of offence punishable under Ss. 379, 411, 413, 414, 109, 120-B, 392 and 201 of IPC. He is in jail since 22/8/2023.

(2.) As per the prosecution story, on 18/8/2023, complainant Mohd. Ameen lodged an FIR at P.S. Raojibazar, Indore, by stating that an unknown person has stolen his mobile phone. During the investigation, co-accused Vicky has been arrested. On the basis of his memorandum co-accused other Arun and present applicant have been arrested in this case and 642 mobile phone have been recovered from the possession of the present applicant. Accordingly, offence under Ss. 411 and 414 of IPC have been registered against the present applicant and offence under Sec. 379 has been registered against the co-accused Vicky.

(3.) Learned counsel for the applicant submits that applicant is innocent person and he has been falsely implicated in this matter. Applicant is in jail since 22/8/2023. Investigation is over and charge-sheet has been filed. He is just an employee in a shop and is performing his duty as per instruction of other co-accused Jitendra. He is a permanent resident of District Indore. Final conclusion of trial will take considerable 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.