Amole Charmakaar vs State Of Madhya Pradesh

Vivek Agarwal, J

This is first bail application filed under Section 439 of the Code of Criminal Procedure for grant of bail on behalf of the applicant-Amole Charmakaar, who is in custody since 04/02/2022 in connection with Crime No.99/2022 registered at Police Station Burhar, District Shahdol (M.P.) for the offences punishable under Sections 457, 380 of IPC.

Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in the matter. Investigation is completed, charge-sheet is filed. There is no criminal history of the applicant. Trial will take time for its conclusion. The applicant is in custody since 04/02/2022. Hence, prayer is made to enlarge the applicants on bail.

Learned Panel Lawyer for the non-applicant/State opposes the bail application and prays for its rejection, however, fairly concedes that there is no criminal history of the applicant.

Taking these facts into consideration that there is no criminal history of the applicant, investigation is complete, charge sheet is filed, no custodial interrogation of the applicant is required in the matter, this Court is of the opinion that it is fit case to enlarge the applicant on bail, therefore, without commenting anything on the merits of the case, this application is allowed.

I t is directed that applicant shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties in the like amount to the satisfaction of the Trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.

T he jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.

Certified copy as per rules.