AI Structured Summary
Not yet generated for this judgment
Judgment
Vivek Rusia, J
This is first application filed under section 439 Cr.P.C seeking bail in connection with Crime No.56/2021 registered at police station Choti Gwaltoli,
Indore for the offence punishable under sections 457 & 380 of the IPC.
As per prosecution story on 17.05.2021 the complainant Prashant Yadav lodged a report that he is residing is residing in the railway police line, Indore
as his father is working as Sub Inspector in the Railway Police. On 12.05.2021 he and his entire family went to Ambikapuri, Aerodrome Road, Indore
after putting a lock on his house, however, after coming back the lock was found broken and the valuables in their house were found stolen by
unknown persons. On the basis of the said report an FIR was registered against unknown persons. During investigation the applicant was arrested and
from his possession the stolen articles were recovered.
Learned counsel for the applicant submits that the complainant and the accused/applicant are cousin brothers and a compromise has been arrived at
between the parties. However, the trial Court has rejected the compromise as the offences are not compoundable. He is in custody since 22.06.2021,
hence prays for bail.
Learned Panel Advocate opposes the bail application by submitting that the applicant is a habitual offender as as many as 3 criminal cases of the same
nature and Arms Act were registered against him.
Perused the case diary.
Considering the facts and circumstances of the case, period of custody and the fact that the applicant is a habitual offender, I am not inclined to
enlarge the applicant on bail at this stage. Accordingly, the application is rejected.