GHANSHYAM Vs. STATE OF MP

JUDGEMENT

(1.) As per statement made by the accused/petitioner, this first bail applications under section 439 of Cr.P.C., 1973 before High Court is in connection with Crime No.06/2018 under Sections 365, 394 and 397 of the IPC registered at Police Station-Dhar, District-Dhar. No other bail application has been preferred by him.

(2.) According to the prosecution case, incident in this case is in two fold. Firstly, one Chand Khan lodged a report with the Police that he was driver of the Truck bearing registration No.MP-07-HG-4153, he transported some buffaloes and received fare of Rs. 1,00,000/- and while coming back, his truck get over heated. They informed the matter to the truck owner Ghanshyam, he came there and after getting it cool down and repaired, they proceeded further for their destination. Some miscreants with a Bolero vehicle reached there, they kidnapped all of them, beaten them up and looted Rs. 96,000/- along with the truck.

(3.) Secondly, during investigation, it was found that Lakhan S/o Arjun who is brother in law of Ghanshyam (petitioner) was the registered owner of the truck. He executed power of attorney in the name of her sister Shamubai who is wife of petitioner Ghanshyam. Shamubai/Ghanshyam rented this truck to one Uslam Khan for Rs. 35,000/- per trip and received Rs. 2,00,000/- as advance. At the time of the incident the truck was operated by Firoz and Liyakat. Ghansyam himself hatched conspiracy with them. He called Harisingh who is Rakhi brother of his wife. Harisingh brought Lalsingh, Parmanand and Dinesh and as per their plan they robbed Ghanshyam, Chand Khan and Salim, beat them and snatched Rs. 96,000/- from them along with truck and left them at a deserted place near bypass.