AJAY KUMAR ADIVASHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first bail application filed by the applicants under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No. 65/2019 registered at P.S. Janeh, District-Rewa (M.P.) for the offence punishable under Sections 395 and 397 of IPC and Section 11/13 of M.P. Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981.

(2.) As per the prosecution story, on 25/5/2019 when complainant was returning on a motorcycle with his cousin brother Panchraj from village Suti, on his way near Soharva Bridge, six person with covered face intercepted their way and committed marpeet and looted Rs.4000/-, a mobile phone, purse and passbook etc. The complainant lodged the complaint at police station and on investigation the police arrested the present applicants and registered the aforesaid case against them.

(3.) Learned counsel for the applicants submits that the applicants are totally innocent and they have not committed any offence. They are in custody since 31/5/2019. It is further submitted that co-accused has already been enlarged on bail by this Court vide order dated 20.08.2019 passed in M.Cr.C. No. 29754/2019 and the case of the present applicants is identical to that of co-accused. Neither identification parade was conducted by the police nor the identification of the seized article was done by the police. The applicants are the first offender, who are young youth of 19 years of age.