Govind Pandey @ Khana vs State Of Madhya Pradesh

Rajendra Kumar Vani, J

1.This is the first application filed by the applicant under Section 439 of the Cr.P.C./483 of the BNSS for grant of bail relating to Crime No.1350/2025 registered at Police Station Panagar, District Jabalpur (M.P.) for the offence under Sections 310(2), 109(1) of BNS and Section 25, 27 of the Arms Act.

Learned counsel appearing on behalf of the applicant has submitted that the present applicant is innocent and has been falsely implicated and the applicant is in custody since 30.12.2025 and the charge-sheet has already been filed. It is further submitted that in this case no one is identified as the victim has no seen the accused persons. The report has been lodged against the unknown persons. After the incident, some of the articles have been seized from the possession of the present applicant and other co-accused persons. As far as present applicant is concerned, seizure memo does not disclose what particular article has been seized from his possession. While in identification of the articles, it is shown that manchalli, pendent etc have been identified by the victim, but whatever jewellery has been described in the identification memo has not been specifically mentioned in the seizure memo; therefore, it do not corelate with the seizure memo. It is further submitted that the identification process is also not pious. As far as criminal antecedents are concerned, two cases are registered against the applicant under section 25 and 27 of Arms Act, but he has been false implicated in those cases. The conclusion of trial will take time. The applicant is ready and willing to abide by any condition which may be imposed by the Court. On these premises, learned counsel prays for bail.

Per contra, learned counsel for the State has opposed the bail application and prayed for its rejection.

Heard learned counsel for the parties and perused the case diary.

Considering the submissions advanced by learned counsel for the parties and keeping in view the attending facts and circumstances of the case, this Court is inclined to release the applicant on bail. Thus, without expressing any opinion of the merits of the case, the application is allowed with certain stringent conditions. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent surety out of which one local solvent surety in the like amount to the satisfaction of the trial Court/committal Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

i) The applicant will comply with all the terms and conditions of the bond executed by him;

ii) The applicant will cooperate in the investigation/trial, as the case may be;

iii) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

iv) The applicant shall not commit an offence similar to the offence of which he is accused;

v) The applicant will not seek unnecessary adjournments during the trial;

vi) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

vii) The applicant shall mark his presence before the concerned Police Station once in a fortnight (every 15 days) till conclusion of the trial; and

viii) If any of the aforesaid conditions is violated, then this order shall lose its effect automatically.

Copy of this order be sent to the trial Court concerned for compliance by the office of this Court.

Certified copy as per rules.