Ashok @ Aashu And Others vs State Of Madhya Pradesh

Anil Verma, J

These are the first applications filed by the applicants under Section 439 of Cr.P.C. for grant of regular bail relating to Crime No.172/2024 registered at Police Station Rajpur, District Barwani for the offence under Section 394 of IPC.

As per the prosecution story, on 11.4.2024 complainant Sachin lodged FIR at P.S. Rajpur by stating that on 9.4.2024 at about 8 p.m. when he was filling fuel in the Scooter along with Rohit Solanki and thereafter they went towards cremation ground. When they were talking to each other, at that time 4 accused persons who are friends of Rohit Solanki came there and they prepared a video through their mobile phone and one of the co-accused forcefully made to sit him on a chair and another co-accused persons started Marpit with belt and kicks & fists. The accused persons snatched his mobile phone, silver bracelet, silver ring and threatened him that if he will not give them Rs.10,000/-, then they will viral their video. Rohit called his father on his mobile phone and told him for making payment of Rs.10,000/- on Phonepay. Then his father transferred the said amount. Thereafter accused persons got transferred Rs.10,000/- into their mobile and they snatched his mobile phone. Accordingly case has been registered. One criminal antecedent has been found against the applicants Ashok & Anil.

Learned counsel for the applicants contended that applicants are innocent and they have been falsely implicated in this matter. They are in custody since 12.4.2024. They are not named in the FIR. Due to the previous enmity between the complainant and Rohit they have been falsely implicated in this matter. Offence is exclusively triable by the JMFC. Applicants are permanent resident of District Barwani. Hence, it is prayed that all the applicants be released on regular bail.

Per-contra, learned PL for respondent/State opposes the bail applications and prays for its rejection.

Heard learned counsel for the parties and perused the case diary as well as the impugned order of the court below.

Considered all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also the fact that during the investigation mobile phone, a looted silver bracelet, cash of Rs.3,000/- and a belt has been recovered from the possession of applicant Ashok. Cash of Rs.3,000/- has been recovered from the possession of applicant Akash and a mobile phone along with cash of Rs.1,000/- has been recovered from the possession of applicant Anil.

In view of the aforesaid evidence available on record, this Court is not inclined to grant bail to the applicants. Hence, both these MCRCs are dismissed.

C.C. as per rules.