Criminal Case No. 42343 of 2023 · Madhya Pradesh High Court

(SHRI VISMIT PANOT, LEARNED COUNSEL FOR THE APPLICANT.) .....APPLICANT AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION MAKDON, DIST. UJJAIN (MADHYA PRADESH) (SHRI VINOD THAKUR, LEARNED G.A. FOR THE STATE.) .....RESPONDENTS This application coming on for orders this day, th e court passed the following: Heard with the aid of case diary. ORDER

#2. This is first application filed under Section 439 of Cr.P.C. for grant of bail to the applicant, in connection with FIR/Crime No.173/2023, Date:-(Not mentioned) registered at P.S. -Makdon, District- Ujjain (M.P.) for commission of offence punishable under Sections 392 and 120-B of the IPC.

#3. Prosecution story, in brief, is that applicant Vishnu S/o Kamal Singh Panwar was working as an collection agent in a Spandana Finance Company and when he was returning after collecting the money, on 05.06.2023 at around Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 26-09-2023 10:57:32 2 6 p.m. co-accused Laad Singh, Inder Singh and Lakhan entered into criminal conspiracy thereafter, co-accused persons came by motor cycle with katta and looted a bag containing Rs.1,44,950/- from the present applicant. After the incident the complainant had lodged a false report showing the incidence for the offence under section 392 of the IPC. But during investigation, it was found that present applicant was also involved in the case along with the co-accused persons.

#4. Learned counsel for the applicant/accused submits that the applicant has not committed the offence and has falsely been implicated in the case. Rs.28,000/- was seized from the applicant but it has not been established that the seized money is related to looted property. Applicant is in custody since

04.08.2023. After investigation, charge sheet has been filed. Applicant has no criminal antecedents. The seized contraband does not come under non- commercial quantity. The offence is exclusively triable by the Judicial Magistrate First Class. Conclusion of trial will take considerable long time for its disposal, therefore, prayer is made for grant of bail to the applicant. 5 . On other hand, learned counsel for the non-applicant/State has objected the prayer and prays for its rejection.

#6. Having heard learned counsel for the parties, perused the case-diary also considering the facts and circumstances of the case, in view of this court, it is a fit case to grant bail to the applicant. Resultantly, application for bail is allowed.

#7. It is directed that the applicant- VISHNU be released on bail upon his/her furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court for his/her appearance before the trial Court on all Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 26-09-2023 10:57:32 3 such dates as may be fixed in this behalf by the trial Court during pendency of the trial. It is further directed that applicant shall comply with the provisions of Section 437(3) of Criminal Procedure Code, 1973.

#8. M.Cr.C. stands disposed of, accordingly. Certified copy, as per Rules. (PRAKASH CHANDRA GUPTA) JUDGE Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 26-09-2023 10:57:32