OMPRAKASH Vs. STATE OF M.P

JUDGEMENT

(1.) THIS is second application under Section 439 of Cr.P.C. First application filed by the applicant has been dismissed on 28.4.2014 passed in M.Cr.C.No.3146/2014. The applicant has been arrested in Crime No.119/2014 registered at Police Station Morar, District Gwalior for the offence punishable under Sections 392, 395 of IPC read with sections 11/13 of M.P.D.V.P.K. Act.

(2.) ACCORDING to prosecution case, the complainant was working as a watchman where construction of District Ayush Office was going on. In the intervening night of 18 -19th February, 2014 the complainant was sleeping in Tapariya. At about 1:30 a.m he heard the noise of tractor trolley, then he came out from the Tapariya. He saw that three persons who had covered their face came towards him and one of them pointed a Katta and confined him in the Tapariya and bolted the door from outside. In the morning, complainant came out from the Tapariya and saw that his mobile phone along with 126 bags of cement and one Tillu pump were missing. Report was lodged. During investigation, in pursuance of the memorandum of the applicant 21 bags of cement have been seized on 19.3.2014. The tractor has also been seized from the possession of the applicant.

(3.) CONSIDERING the fact that the co -accused Devendra and Kallu have been granted bail from which 21 bags of cement have been recovered and from the applicant also 21 bags of cement have been recovered, hence on the ground of parity, but without commenting anything on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/ - (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court.