RAJENDRA VERMA Vs. STATE OF M P

JUDGEMENT

(1.) This is an application under Section 439 of Cr.P.C. made in connection with crime No. 278/09 registered by Police Station Cant. District Guna. Under Sections 392,395,120B of IPC read with Section 25/27 Arms Act.

(2.) The prosecution/investigating agency has registered crime No. 278/09 under Section 392, 395, 120B of IPC read with Section 25/27 of the Arms Act against the present applicant in relation to an incident of Dacoity committed on date 13.7.09 in the evening hours at about 9.15 p.m. at Village Jodia,in a bus carrying passenger from Ashok Nagar to Guna.

(3.) A prompt report of the incident was lodged by one Jameel Khan. Driver of the bus on date 13.7.09 at 22.00 Hours with the police station by complaining that four unknown persons were travelling in the Bus and out of those four persons two persons who were sitting on the bonnet of the Bus took out a country made pistol and place on the temporal region (Head) of the driver and rest of the persons snatched the suit case and the bag from one passenger. Rakesh Jain, a business man who was carrying with him a sum of Rs15,00,000. The driver further narrated in the FIR that under the threat of shooting the driver and the passengers,the dacoits took away the bags containing the cash amount as also a Videocon Repairing Kit from another passenger Ashok Yadav. He further submitted that the assailants had left a carry bags which was containing the clothes of the co-accused persons.