AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
21 paragraphs · 392 wordsRajendra Kumar Verma, J
This is first application filed by the applicant/accused under Section 439 of Cr.P.C in connection with Crime No.751/2021 registered at Police Station
Khategaon, District Dewas for the offence punishable under Sections 399, 402 of I.P.C. The applicant is in custody since 22.11.2021.
According to the prosecution case, the allegation against the applicant is that the applicant alongwith the other co-accused persons was involved in the
dacoity of a HP Petrol Pump. Accordingly, case has been registered against the applicant.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. There is no legal evidence against
the present applicant. No ingredients of the Sections attract the act of the applicant. The investigation is over and charge sheet has been filed. He is
no more required for custodial interrogation. The applicant is in custody since 22.11.2021 and the trial will take sufficient time to conclude. On these
grounds, prayer is made to enlarge the applicant on bail.
P er contra, learned Panel Lawyer opposed the bail application and prayed for its rejection.
Keeping in view the facts and circumstances of the case and on a perusal of the material available on record including the case diary, this Court is of
the considered view that the applicant may be enlarged on bail. Hence, without commenting on the merits of the case, the application is allowed.
It is directed that applicant be released on bail upon 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 concerned
Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial. It is also
directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.
I n 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.