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Judgment
Nandita Dubey, J
This is the first application filed by the applicant under Section 439 of Cr.P.C. for grant of bail relating to FIR No.444/2022 dated (not mentioned) registered at P.S. University, District Rewa for the offence punishable under Sections 356, 379, 413 of IPC. The applicant is in custody since 28.12.2022.
As per prosecution, a complaint was lodged by the complainant Arti Dwivedi that while she was going towards the State Bank ATM in the evening two persons came on the motorcycle and snatched her gold chain. The applicant was arrested on the basis of a disclosure made in another Crime No.523/2022.
Learned counsel for the applicant submits that the applicant has been falsely implicated. He has no connection with the present crime. It is stated that the incident happened on 04.11.2022, whereas, as per the memorandum of the co-accused, who has allegedly purchased the said gold chain, the same was sold on 01.11.2022. It is stated that it is not possible that even before snatching the chain it could have been sold to the co-accused Lala @ Rajkumar Soni.
Learned counsel for the State has read out the memorandum statement of the co-accused persons. As per the memorandum of Lala Soni, who is a jeweller by profession, this gold chain was sold to him on 01.11.2022, however, the incident is said to have taken place on 04.11.2022.
In view of the aforesaid discrepancies, this application is allowed.
It is directed that applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court. It is further directed that the applicant shall also comply with the provisions of Section 437(3) of Cr.P.C.
In case, if the applicant is found involved in any other offence during the pendency of the trial then this bail order will stand cancelled automatically and the authority concerned will be at liberty to take him into custody.
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