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2022 DIGILAW 1441 (MP)

Jafar v. State of Madhya Pradesh

2022-12-07

ANIL VERMA

body2022
JUDGMENT Anil Verma, J. - This is the first bail application under Section 439 of the Code of Criminal Procedure, 1973 filed on behalf of the applicants for grant of bail. The applicants are in custody since 16.11.2022 in connection with Crime No.742/2022 registered at Police Station Dhamnod, District Dhar (M.P.) for commission of offence punishable under sections 420, 406 and 120(B) of the Indian Penal Code of 1860. 2. As per prosecution story, present applicant introduced co-accused to complainant Poonamchand. Thereafter co-accused purchased one truck bearing registration No. MH-18-AA-8099 in the year 2019. As per the terms of the agreement, co-accused Rajesh did not pay the installment of truck to the concerned bank. Thereafter complainant lodged an FIR at P.S. Dhamnod, district Dhar. Accordingly, offence has been registered. 3. Learned counsel for the applicants submit that the applicants are innocent and they have been falsely implicated in this offence. They are in custody since 16.11.2022. Applicant Irfan's name has not mentioned in the FIR. Both the applicants are not purchaser of the said truck, even they are not attesting witnesses and they did not give any money to the complainant. Investigation is almost over, therefore, no further custodial interrogation of the applicants is required. Both the applicants are permanent resident of Dhar district. Hence, he prays that both the applicants be released on bail. 4. Per contra, learned counsel for the respondent / State opposes the bail application and prays for its rejection. 5. 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 present applicant's name has not found in the FIR, they are neither purchaser nor attesting witnesses regarding the sale of the aforesaid truck, investigation is almost over and final conclusion of the trial will take sufficient long time, in view of the above, without commenting on the merits of the case, I deem it proper to release the applicants on bail. 6. Therefore, the application is allowed. 6. Therefore, the application is allowed. 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. 7. Certified copy as per rules.