Dilip vs State Of M.P

Satyendra Kumar Singh, J

This is the first bail application filed under Section 439 of Cr.P.C. for grant of bail. The applicant is being implicated in Crime No.443/2021, registered

at police station Kasrawad, district Khargone, for commission of offence punishable under Sections 379 of IPC.

The prosecution story in brief is that in the intervening night of 10-11.7.2021, the applicant along with other co-accused persons have stolen a vehicle

Toofan bearing registration No. M.P.10-BA-4609 belonging to the complainant Lalu Thakur from his possession.

Learned counsel for the applicant submits that it is alleged against the applicant that at his instance the aforesaid stolen vehicle was seized from the

possession of the co-accused Thavriya. Place of seizure is an open place and the stolen property is said to be seized from the possession of co-

accused. No case is made out against the applicant. He has been falsely implicated in the matter. Investigation is completed and charge-sheet has

been filed. Applicant is in custody since 8.10.2021. Trial will take time for its conclusion. Co-accused Thavriya has already been enlarged on bail vide

order dated 6.1.2022, passed by this Court in M.Cr.C.No.62477 of 2021 and the applicant is on better footing that of co-accused therefore, he is also

entitled for bail.

Learned Panel Lawyer for respondent / State has opposed the application and submits that applicant is a habitual criminal and about 12 other criminal

cases are registered against him and he is not entitled for bail.

Having considered the rival submissions and the fact that stolen vehicle has been seized from the open place from the possession of co-accused

person who has already been enlarged on bail, without commenting anything on the merits, applicant deserves to be enlarged on bail on the ground of

parity with co-accused.

It is directed that applicant (Dilip S/o. Sardar Bhil) be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- with a solvent surety

in the like amount to the satisfaction of the concerned court for his appearance before the trial Court on all such dates as may be fixed in this behalf

by the trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437(3) of Cr.P.C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned Jail Authority is directed to follow the directions / guidelines issued by

the Government with regard to COVID-19 before releasing the applicant.

M.Cr.C.No.5955 of 2022, stands allowed and disposed of.

C.c. as per rules.