Ashu Khan vs State Of Madhya Pradesh

Gurpal Singh Ahluwalia, J

Case diary is available in MCRC No.25767/2021 which is also listed today.

This first application under Section 439 of Cr.P.C has been filed for grant of bail.

The applicant has been arrested on 29.03.2022 in connection with Crime No.164/2022 registered at Police Station Kotwali, District Datia for offence under Sections 399, 400 and 402 of IPC, Section 11/13 of MPDVPK Act and Section 25(1-B)(A) of the Arms Act.

I t is submitted by the Counsel for the applicant that according to the prosecution case, applicant and other co-accused persons had assembled for making preparation for committing dacoity. The applicant was arrested on the spot and it is alleged that one country-made pistol along with two live cartridges were seized. He has been falsely implicated. Applicant is ready and willing to abide by any condition which may be imposed by this Court including that of appearance before the SHO, Police Station Kotwali, District Datia. The trial is likely to take sufficiently long time 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 respondent/State. It is submitted that since the case diary of the present case has not been received, therefore, he is not in a position to state about the criminal antecedents of the applicant.

Considering the nature of allegations as well as period of detention and the young age of the applicant coupled with the fact that two other co-accused persons namely Jeetu Kushwah and Afsar have already been granted bail, 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 Only) 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.

It is further directed that the applicant shall appear before the S.H.O. Police Station Kotwali, District Datia on 1st of every month during the pendency of the Trial. In case of bail jump or non-appearance of the applicant before the police station as directed by this Court, this order shall lose its effect.

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.

Application is allowed.