Brijeshdhar Dwivedi vs State Of Madhya Pradesh

J. P. Gupta, J

This is the first bail application under Section 439 of the Code of Criminal Procedure, 1973 filed for grant of bail to the applicant who has been

arrested on 13/12/2020 in connection with Crime No.340/2020 for offences registered under Sections 399, 402 of IPC and section 25/27 of Arms Act,

police station Bichhiya, District Rewa.

Learned counsel for the applicant submitted that the applicant has been arrayed in this case on the basis of the statement of other accused person and

nothing has been seized from his possession and there is no admissible evidence to establish the fact that he was present at the spot for the purpose of

commission of dacoity. He has been involved in this case because earlier criminal case was registered against him while he has no connection with the

present crime. Hence, learned counsel for the applicant has prayed that the applicant/accused be released on bail.

Learned PL for the respondent/State has opposed the application and prayed for its rejection.

Having considered all facts and circumstances of the case, in view of this Court the applicant is entitled to get benefit of bail. Hence without

commenting anything on the merits of the case, this application is allowed. It is ordered that the applicant Brijeshdhar Dwivedi be released on bail on

his furnishing a personal bond for the sum of Rs.25,000/- (Rs.Twenty Five Thousand only) with a solvent surety in the like amount to the satisfaction

of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial and for complying with the

conditions enumerated in sub-section (3) of Section 437 of Cr.P.C

Certified copy as per rules.