Rohit And Others vs State Of Madhya Pradesh

Anil Verma, J

This is the first application filed by the applicants under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail relating to Crime No. 678/2023 registered at Police Station Kukshi District Dhar (M.P.) for the offence under Sections 435, 436, 427, 147, 148, 149, 457 and 380 of the Indian Penal Code, 1860. The applicants are in custody since 7.10.2023.

As per prosecution story, on 29.9.2023 the complainant Imran Khan lodged a report at police station Kukshi by stating that his clothing store namely Fashion Adda situated in Rohit Jain's complex at Vijay Stambh Chowk was broken into and vandalized. During the intervening period of 28th and 29th September 2023 some unknown miscreants had broken his store causing extensive damage, including the destruction of clothes, LCDs, inverters and three security cameras. Upon inquiry it was revealed that other shops including Monisha Mobile, Aarif Manihars's jewelry shop, Abbas Bohra's Mobile store, Easy ready made in Kutubuddin Mohalla, Fazal Rafiz Mond Uddins clothing store, Jay Collection had also been vandalized. During investigation, some cloths and one mobile phone was recovered from possession of applicants and co-accused persons.. Accordingly, offence has been registered against the applicants.

3 . Learned counsel for the applicants submits that the applicants are innocent persons and they have been falsely implicated in this offence. They are in custody since 7.10.2023, co-accused Rakesh has been enlarged on bail vide order dated 31.20.2023 passed in M.Cr.C. No. 48900/2023 in similar circumstances, investigation is almost over, No TI parade was conducted by prosecution, applicants are young persons aged 19 years and sole butter earner of their family and permanent resident of District Dhar. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

Per contra, learned counsel for the respondent / State opposes the bail application and prays for its rejection but he fairly admits that applicants have no criminal past.

Perused the impugned order of the trial Court as well as the case diary.

After considering all the facts and circumstances of the case, nature and gravity of offence, arguments advanced by the learned counsel for the applicant and also taking note of the fact that only one mobile pone has been recovered from possession of applicant, no TI Parade has been conducted regarding the identification of seized articles, co-accused Rakesh has been enlarged on bail, applicants have no criminal past, and final conclusion of the trial will take sufficient long time, I deem it proper to release the applicants on bail. Therefore, without commenting on the merits of the case, the application is allowed.

7 . It is directed that applicants be released on bail on their furnishing personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) each with separate solvent surety in the like amount to the satisfaction of the trial Court for their appearance before the trial Court, as and when required. They shall abide by all the conditions enumerated under Section 437(3) Cr.P.C.

Certified copy as per rules.