LOKESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This first bail application has been filed by applicant under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.365 of 2023 registered at Police Station Chachoda, District Guna (M.P.) for offences punishable under Ss. 394 and 395 of IPC. The applicant is in judicial custody since 22/8/2023.

(2.) A s per the case of prosecution, Amit Khandelwal reported to Post-Beenganj, Police Station - Chachoda, District- Guna that on 9/8/2023, around 7:20 in the evening, he was working at his shop. Four unknown persons came to the shop covering their faces. One of them assaulted him with danda on his right hand, other persons took out cash of Rs.80,000.00 from the cash counter, thereafter, all the four unknown persons fled away. On such allegations, PS Chachoda, District Guna registered FIR at Crime No.365 of 2023 for offences punishable under Ss. 394 and 395 of IPC against four unknown offenders. Applicant was arrested on 22/8/2023, on the basis of statement given by co-accused Ramkumar to the police. On the basis of information given under Sec. 27 of the Evidence Act, Rs.5,000.00 in cash and receipt book were recovered at the instance of the applicant. During TIP (Test Identification Parade), the complainant could not identify the applicant. Investigation is underway.

(3.) Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that applicant is falsely implicated in the matter, merely on the basis of statement of co-accused in police custody. No incriminating article involving the applicant with alleged offence is recovered at the instance of the applicant. Applicant is aged 24 years. Earlier, co-accused Ramkumar and Pradeep has been granted bail by this Court in MCRC No. 47406/2023 and MCRC No.48815/2023 vide order dtd. 20/10/2023 and 31/10/2023 respectively. Applicant is sole bread earner in the family. There is no likelihood of his absconding leaving family and home. There is no likelihood of interfering with the evidence or tampering with the evidence. Jail incarceration is causing great hardship to the family of the applicant. The trial would take time to complete. Therefore, applicant may be extended the benefit of bail.