Devendra Yadav @ Balla vs. The State Of Madhya Pradesh

The High Court Of Madhya Pradesh

MCRC-31651-2021

(DEVENDRA YADAV @ BALLA Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 29-06-2021

Heard through Video Conferencing.

Shri Ashish Sinha, learned counsel for the applicant.

Shri Manoj Kumar Singh, learned PL for the respondent/State.

Case diary perused.

This is first application under Section 439 of Cr.P.C for grant of bail. Applicant Devendra Yadav @ Balla was arrested on 28.11.2020 in connection with Crime No.168/2020 registered at Police Station Doraha, Distt. Sehore (M.P.) for the offence punishable under Section 394/34 of IPC.

A s per the prosecution case on 19.08.2020 complainant Rakesh Prajapati, who worked as a driver in Saurabh Jain's Ashok Roadways Transport Company, Ujjain, was going to Kukshi District Dhar by Eicher truck bearing registration no. MP13-GA-9532 after loading 156 bags of Pan Masala, from Royal Trading Company Kokta Transport Bhopal.The truck was being driven by complainant Rakesh Prajapati and Sudeep Sisodia was the cleaner on that truck. As soon as, he reached Vidisha Chauraha Bhopal, applicant Devendra Yadav @ Balla, along with his three companions, came there in a white coloured Tavera vehicle. He stopped Rakesh Prajapati's truck and sat in the truck along with one of his companions. After that, at around 10:30 pm, when Rakesh Prajapati reached 3km ahead of Doraha joint applicant Devendra @ Balla forced Rakesh Prajapati to stop the truck. Where two persons in a Tavera vehicle also came, they assaulted Sudeep Jain and Rakesh Prajapati and looted Rs.14,000/- Eicher truck bearing registration no.MP-13-GA-9532 and 156 bags of Pan masala which was loaded in the truck.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the offence. Co-accused Pradeep Yadav and Sagar Jaat @ Jitendra have been granted bail by this Court vide orders

dated 24/3/2021 passed in MCrC Nos.4378/2021 and 4277/2021. Applicant has been in custody since 28.11.2020. Charge-sheet has been filed and the conclusion of trial will take time, hence it is prayed that the applicant be released on bail.

Learned counsel for the State opposed the prayer and submitted that the applicant was also involved in the crime, so he should not be released on bail.

The case of the applicant do not similar to co-accused Pradeep Yadav and Sagar Jaat @ Jitendra, who have been granted bail by this Court, vide orders dated 24/3/2021 passed in MCrC Nos. 4378/2021 and 4277/2021. Name of co-accused Pradeep Yadav and Sagar Jaat @ Jitendra were not mentioned in the FIR. Complainant Rakesh Yadav did not identify them. While name of the applicant is mentioned in the FIR, so applicant is not entitled to get bail on the basis of parity. It is alleged that the applicant in connivance with other co-accused persons looted Rs.14,000/-, Eicher truck bearing registration no.MP-13-GA-9532 and 156 bags of Pan masala which was loaded in the truck from the possession of the complainant, so this Court is not inclined to grant bail to the applicant.

Hence, the M.Cr.C. is rejected.

(RAJEEV KUMAR DUBEY) JUDGE

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