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Judgment
S.K. Awasthi, J
Heard. Case diary perused.
This is repeat application under Section 439, Cr.P.C. for grant of bail in connection with Crime No.299/2020 registered at Police-Station- Kishanganj
District- Indore for commission of the offence under Section 394 of I.P.C.
As per prosecution story, on 11.05.2020 at about 03:00 pm, when the migrant labour were going their home during the national lockdown imposed by
the Government of India. The applicant and other co-accused person stanched the purse of the victim which contains victim photo, duplicate addhar
card and Rs. 500/- in cash. The applicant was apprehended by the victim and other people at the spot. On that basis the aforesaid offence has been
registered against the applicant.
Learned counsel for the applicant has submitted that applicant is a youth aged about 19 years and he has not having any criminal antecedents. It is
also submitted the allegation against the co-accused Hariom is that he robbed one purse in which complainant's photo, duplicate Aadhar Card, and Rs.
500/- in cash were kept. The only allegation against the applicant is that he beaten the complainant. The applicant is in custody since 14.05.2020.
Investigation is over, charge-sheet has been filed. Conclusion of trial will take sufficient long time. Under these circumstance, learned counsel for the
applicant prays for grant of bail to the applicant on the ground of parity.
Learned Panel Lawyer for the respondent/State opposes the bail application by contending that the applicant is named in the FIR and he was
apprehended from the spot by the complainant and other people. It is also submitted that one robbed purse belongs to complainant, who was going his
home due to lockdown, has been recovered from the possession of the applicant in which complainant's photo, duplicate Aadhar Card, and Rs. 500/- in
cash were kept. In these circumstance, he prays for rejection of the application.
After considering the arguments advanced by the learned counsel for the parties and looking to the allegation made against the applicant coupled with
the fact that the applicant was apprehended from the spot and robbed property has also been recovered from the possession of the applicant,
therefore, this court is of the view that at this stage no case is made out for grant of bail to the applicant. Accordingly, this petition is dismissed.