CHAINSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This repeat (second) application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant-Chain-singh who is implicated in connection with Crime No.35/2019, registered at Police Station-Raghvi, District-Ujjain, concerning offence under Sections 382/34, 394, 397 of IPC, 1860. Earlier application was dismissed as withdrawn vide order dated 19/08/2019 passed in M.Cr.C. No.27743/2019.

(2.) As per prosecution story, on 26/02/2019 complainant lodged a report that he was going in a motorcycle with Rs.30,000/- to purchase wooden sticks, on the way Shankar-singh accompanied him as pillion rider. In between the applicant and one person Shiva came there in a motorcycle, assaulted the complainant with wooden stick, took the complainant's bag in which cash of Rs.30,000/-, Adhaar Card, Diary and Samsung mobile were kept and fled away from the spot. On the basis of which Police registered FIR for the aforesaid offence.

(3.) Learned counsel for the applicant has submitted that the applicant is innocent and he has been falsely implicated in the present crime. The applicant is not named in the FIR, however, during investigation he was identified by the complainant. Now the complainant has already been examined before the trial Court and he has not supported the prosecution story and turned hostile. He categorically stated in his Court statement that no offence has been committed and he fell down from the motorcycle due to which he sustained injuries. Independent witness and seizure witnesses have also not supported the prosecution story and turned hostile. Applicant is in custody since 09/04/2019. Conclusion of trial will take sufficient long time. Under these circumstances, learned counsel prays for grant of bail to the applicant.