Ramesh @ Bablu vs State Of M.P

Satyendra Kumar Singh, J

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 25.12.2021 in connection with Crime No.65/2021 registered at Police Station-Sanvad, District-Khargone (M.P.) for commission of offence punishable under Section 392 of I.P.C.

Prosecution story, in brief is that on 13.02.2021 at about 12:00 noon when complianant Sulbha was returning to her house applicant along with co-accused persons came there on the motor cycle and snatched her gold mangal sutra weighing 33 grams amounting Rs.80,000/-.

Learned counsel for the applicant submits that applicant is in custody since last 11 months and till now not a single prosecution witness has been examined. The applicant has falsely been implicated in the matter and time will. Trial will take time to conclude and therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.

Learned counsel for the respondent/State has opposed the prayer and submits that looted property that has been seized from the possession of the applicant and the aforesaid property that is gold chain was identified by the complainant as that of his looted property. She has also identified the applicant during the Test Identification Parade. In view of the aforesaid, the applicant is not entitled for bail.

Having considered the rival submissions made by the learned counsel for both the parties and the fact that applicant has been identified by the complainant as the person who snatched her gold chain also the fact that statement of the complainant is yet to be recorded, without expressing any opinion on merit, in view of this court, at this stage applicant is not entitled for grant of bail. Accordingly, M.Cr.C. is dismissed.