Krishna Kumar @ Bablu vs. The State Of Madhya Pradesh

MCRC-12039-2015

(KRISHNA KUMAR @ BABLU Vs THE STATE OF MADHYA PRADESH)

28-07-2015

Smt. Archana Tiwari, learned counsel for the applicant/accused. Shri Ramesh Kushwaha, learned P.L. for the respondent/State. Case diary is available. After investigation the charge-sheet was filed on 28-02-2015.

This is the first bail application filed by the applicant/accused under Section 439 of the Code of Criminal Procedure for grant of bail in connection with Crime No. 502/14 registered at Police Station, Dehat, Dist. Chhindwara for the offences punishable under Section 457, 380 and 411 of the IPC.

Learned counsel for the applicant/accused submits that the applicant/accused has been falsely implicated in this case. As per the F.I.R., gold and silver ornaments were stolen by someone in the midnight of 14-09-2014. No ornament either gold or silver was seized from the possession of the applicant/accused. Though, the memorandum of the applicant/accused was recorded on 29-12-2014 but no recovery of stolen property was seized from his possession. Hence, the memorandum recorded under Section 27 of the Evidence Act is not admissble against the applicant/accused, who has been in jail since 26-12-2014. On the aforesaid grounds, learned counsel has prayed for bail.

Learned P.L. opposing the submissions made on behalf of the applicant/accused has prayed for rejection of the bail application.

On perusal of the case diary it is evident that the name of the

applicant/accused is not mentioned in the F.I.R. Apart from this, no recovery of stolen property was made from his possession.

Considering the submissions made on behalf of the applicant/accused, this Court deems it fit to grant bail to the applicant/accused. Hence, allowing this application, it is ordered that applicant be released on bail on his furnishing a personal bond for the sum of Rs. 25,000/- (Rs. Twenty Five Thousand only) with one solvent surety in the like amount to the satisfaction of the Committal Court/trial Court for securing his presence before the said Court regularly on all the dates of hearing fixed in this regard during trial.

Certified copy as per rules.

(M.K. MUDGAL) JUDGE