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Judgment
21 paragraphs · 342 wordsRajendra Kumar Verma, J
This is first application under section 439 of Cr.P.C. for grant of bail on behalf of the applicant, who is in custody since 23/12/2021 in connection with
Crime No.383/2021, registered at Police Station â€" Jharda, District - Ujjain(M.P.), for the offence punishable under Sections 25 & 27 of the Arms
Act.
According to the prosecution case, the allegation against the present applicant is that during patrolling, a Pistol has been recovered from the possession
of the present applicant.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. Investigation is over and charge-
sheet has been filed. He has no criminal past. There is no legal or admissible evidence against the present applicant. The offence is triable by Judicial
Magistrate First Class. The applicant is in custody since 23/12/2021. The conclusion of trial will take sufficient time. On the aforesaid grounds, prayer
is made to release the applicant on bail.
Learned Panel Lawyer has opposed the application and prayed for its rejection.
Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary, without commenting on
the merits of the case, this application is allowed.
It is directed that the applicant/accused be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only)
with one 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.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by
the Government with regard to 'COVID-19' before releasing the applicant.
This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become
ineffective and cancelled without reference to this Bench.
Certified Copy as per rules.