Dalveer @ Ballu vs State Of Madhya Pradesh

Subodh Abhyankar, J

1] They are heard. Perused the case diary / challan papers.

2] This is the first bail application filed by the applicants under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023/439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.676/2023 registered at Police Station Kukshi District Dhar (MP) for offence punishable under Section 25(1) (1),25(1AA),25(1A) and 35 of the Arms and section 212, 216, 120-B of the IPC. The applicant is in custody since 14/10/2025.

3] The allegation against the applicant is of his involvement in the aforesaid case wherein the main allegation of recovery of 24-country-made pistol is made from the co-accused Ishwar.

4] Counsel for the applicant has submitted that so far as the present applicant is concerned, it is alleged that co-accused Ishwar used to get the present pistols from the present applicant. It is also submitted that the applicant, while he was absconding he has not committed any other offence, and that apart from the disclosure memo recorded under section 27 of the Evidence Act of the co-accused, there is nothing on record to connect the applicant with the offence,he is lodged in jail since 14.10.2025 and the final conclusion of trial is likely to take sufficiently long time. It is further submitted that there are no criminal antecedents of the applicant.

5] Counsel for the State has opposed the prayer.

6] On due consideration of submissions, on perusal of the case-diary, and considering the fact that apart from disclosure memo there is nothing on record to connect the applicant with the present offence, the applicant is lodged in jail since 24.11.2024 and the conclusion of trial is likely to take sufficiently long time, this Court is inclined to allow the present application.

7] Accordingly, without commenting anything on merits of the matter, the present application for grant of bail is allowed. The applicant is directed to be released on bail upon his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety in the like amount to the satisfaction of the Trial Court for his appearance, as and when directed and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973. It is also directed that if the applicant is found to be involved in violation of any of the terms of this order, an application for cancellation of his bail may be filed before the Trial Court itself, who shall decide the same in accordance with law.

8] M.Cr.C. stands allowed and disposed of.

C.c. as per rules.