words per minute
11
AbhishekSingh8343
00:00
Speed
Shri Vibhor Khandelwal and Shri Rathi, learned counsel for the applicants. Shri R.K. Shastri, learned Panel Advocate for the State. These are first applications filed u/s 439 Cr.P.C. seeking bail in connection with Crime no.216/2021 registered at police station Manawar, district Dhar for the offence punishable under sections 380 & 457 of the IPC. As per prosecution story, complainant Jyothi w/o Suresh Malviya, R/o Ashram Chouraha, Balipur, Manavar lodged a report in the Manaver police station on 03.03.2021 that she was out of station from 24.02.2021 to 03.03.2021 and when she came back on 03.03.2021 near about 08.00 A.M. she found that the lock of her Almira was broken and some unknown persons committed a theft of Rs.80,000/- along with ornaments like gold mangalsutra-2, gold ring-1, silver anklet-1, toe ring-1, thumb ring-2, gold ear ring-1, silver coin-1 and 250 gms silver from her house. On the basis of the said complaint an FIR was registered against unknown persons and started investigation. During investigation a discreet information was received by the police from an informant that some persons were trying to sell the stolen articles in the market and on the basis of the said information the applicants were arrested and from their possession the stolen articles and cash were recovered. A test identification of the stolen articles was conducted in which the articles were identified by the complainant. Learned counsel for the applicants submit that the offence u/s 457 IPC is not made out against the applicants because it is not established that the alleged theft has been committed in the night. According to the complainant the theft is said to have committed between 24.02.2021 and 03.03.2021. So far the offence u/s 380 IPC is concerned that is triable by Magistrate. The applicants are aged about 19 & 22 years with no criminal past. So far as the recovery made from applicant Raj is concerned which is not matching from the description of the articles given in the FIR. The investigation is over and charge sheet has been filed. There is no progress in trial due to corona epidemic, hence prays for release of the applicants on bail. Learned Panel Lawyer opposes the bail applications. Considering the facts and circumstances of the case, without commenting on the merits of the case, the applications filed by the applicants are allowed.