Deepak Sanshi vs State Of Madhya Pradesh

Subodh Abhyankar, J

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

This is the first bail application filed by the applicant under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.174/2021 registered at Police Station Boda, District Rajgarh (MP) for offence punishable under Section 307, 147, 148, 149, 353, 332, 506, 427, 186, 333 of IPC, Section 25, 27 of Arms Act and Section 34(2) of the M.P. Excise Act. The applicant is in custody since 16/08/2022.

Allegation against the applicant is that he along with other co-accused persons assaulted the police party which had gone to stop sell of the illegal liquor.

Counsel for the applicant has submitted that the applicant has been falsely implicated in the case only on the basis of memo prepared under Section 27 of the Evidence Act and there is no overt act attributed to him, he was also not present on the spot when the incident took place as according to him, he was present in the State Bank of India branch Subash Chowk, Pachor and he has also applied for CCTV footage of the Bank of the relevant time, however, the Bank has informed that the CCTV footage is kept only for 90 days, hence, the same cannot be supplied to him. Counsel has placed on record the receipt of amount deposited by him in the Bank on the date of incident. It is further submitted that the applicant is a private Teacher and has no other criminal record to his credit and the applicant himself has surrendered after his application for anticipatory bail was rejected by this Court. It is submitted that the applicant is lodged in jail since 16/08/2022 and the final conclusion of the trial is likely to take sufficient long time. Hence, it is submitted that the bail application be allowed and he be released on bail.

Counsel for the respondent / State, on the other hand has opposed the prayer and it is submitted that no case for grant of bail is made out. However, it is not denied that the he has been implicated only on the basis of memo prepared under Section 27 of the Evidence Act by the other co-accused person.

Having considered the rival submissions and on perusal of the case diary, this Court finds force with the contentions raised by learned counsel for the applicant and further taking note of the fact that the final conclusion of the trial is likely to take sufficient long time, in the considered opinion of this Court, the applicant's application deserves to be allowed.

Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/-(rupees fifty thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

I t is also observed that after his/her release on bail, if the applicant is found in any of the criminal activities, the learned Judge of the trial Court shall, after giving an opportunity of hearing to the applicant, be at liberty to cancel this bail order without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.