SOMVEER Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Applicant has been arrested on 23.07.2019 by Police Station Bahodapur, District Gwalior (M.P.) in connection with Crime No.490/2019 registered in relation to the offence punishable u/Ss. 394, 395 of IPC and Section 11/13 of MPDVPK Act.

(2.) It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in the matter and he has not committed any offence in any manner. FIR was registered against unknown persons and the applicant has not been identified in Test Identification Parade. It is further submitted that recovery of Rs.200/- has been made from the possession of the applicant. It is further alleged that apart from this case, another case has been registered against the applicant after registration of the present case and there is no previous criminal history against the present applicant. The applicant is in custody since 23.07.2019. The investigation is over in the matter and the charge sheet has already been filed. There is no possibility of his absconding or tampering with the prosecution evidence. Under these circumstances, counsel for the applicant prays for grant of bail to the applicant.

(3.) Learned Public Prosecutor for the State opposed the application and submitted that the applicant has been implicated on the basis of memorandum of co-accused recorded under Section 27 of the Evidence Act. There is recovery of Rs.200/- from the possession of the applicant. The applicant has not been identified in TIP. The investigation is over in the matter and the charge sheet has been filed. Hence, he prayed for dismissal of the application.