G.S. Ahluwalia, J
This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 18.01.2022 in connection with Crime No.8/2022 registered by Police Station Sehore Distt. Shivpuri for offence
punishable under Sections 379 of IPC.
It is submitted by the Counsel for the applicant that according to the prosecution case, three Buffaloes, three calves worth Rs. 2.5 lacs went missing
on 24.12.2021. It is submitted that the statement of one Uttam Singh and Ajmer were recorded on 16.01.2022, according to which, they have seen
Chotu Solanki and Vakil Parihar along with two more persons taking away the cattle. The applicant Narendra Singh has been identified by the
witnesses. However nothing has been seized from his possession. As per his statement recorded under Section 27 of the Evidence Act, the co-
accused Raghvendra Parihar had taken away the cattles and on next day gave Rs.10,000/- each to all the co-accused persons, but the applicant
expressed his ignorance about the whereabouts of the cattle. It is submitted that the entire case is based on ocular evidence with no recovery. Further
more, the cattles were stolen in the night of 25th of December, 2021 and the witnesses came forward for the first time on 16.01.2022 to say that they
have seen two co-accused persons, namely, Vakil Parihar and Chotu Solanki with two more persons along with cattle. The applicant has no criminal
history. The trial is likely to take sufficiently long ti me and there is no possibility of his absconding or tampering with the prosecution case.
Per contra, the application is vehemently opposed by the counsel for the State.
Considering the facts and circumstances of the case, without commenting on the merits of the case, the application is allowed. It is directed that the
applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the
satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.
In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal
Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.
Certified copy as per rules.
