Rehan Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 7236 MP

                                    1                            MCRC-54420-2021
        The High Court Of Madhya Pradesh
                MCRC No. 54420 of 2021

(REHAN KHAN Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 10-11-2021 Shri Ahadulla Usmani, counsel for the applicant.

Ms. Shikha Baghel, PL for the State.

Case diary is available.

This is the first application filed by the applicant under Section 439 of the Cr.P.C. seeking regular bail.

The applicant is in custody since 4.10.2021 in connection with Crime No.375/2021 registered at Police Station Kotwali, District Raisen for the offences punishable under Sections 457, 380 of the IPC.

As per prosecution's case, some unknown persons committed theft of Rs. 90,000/- at the house of complainant between 30.9.2021 to 2.10.2021. After due investigation, it is found that the applicant Rehan Khan along with other co-accused persons Rakesh Jatav and Rakesh Yadav committed the aforesaid crime.

Learned counsel for the applicant submits that the applicant is

innocent, he has been falsely implicated in the case. The FIR was lodged against the unknown persons. The applicant has been made accused on the basis of memorandum of co-accused. No incriminating article has been seized from the possession of the applicant except a sum of Rs.30,000/-, which were not identifiable. The applicant has no criminal antecedents. The offences are triable by Judicial Magistrate First Class. Learned counsel for the applicant has placed reliance on the judgment of the Supreme Court in the case of State of Rajasthan Vs. Talevar and another reported in (2011) 11 SCC 666. It is further submitted that the applicant is a young boy of 20 years of age, he is in custody and trial will take considerable time to conclude, therefore, he may be released on bail.

Learned Panel Lawyer has vehemently opposed the application. I have heard learned counsel for the parties at length. The FIR was 2 MCRC-54420-2021 lodged against unknown persons, however, during investigation the Police found the involvement of co-accused Rakesh Jatav and on the basis of memorandum of and Rakesh Jatav, applicant Rehan Khan and co-accused Rakesh Yadav have been made accused and recovery of Rs.30,000/- was made from applicant, Rs. 40,000/- from co-accused Rakesh Jatav and Rs.

20,000/- from co-accused Rakesh Yadav.

Considering the manner in which the offence is alleged to have been committed and nature of accusation against the applicant, I do not find it to be fit case to release the applicant on bail.

Accordingly, the application is hereby dismissed.

SMT. ANJULI PALO) JUDGE

PB

Digitally signed by PRADYUMNA BARVE Date: 2021.11.11 17:33:01 +05'30'