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Judgment
10 paragraphs · 468 wordsSubodh Abhyankar, J
They are heard. Perused the case diary/challan papers.
2] This is the applicant's second bail application filed under Section 483 of B.N.S.S., 2023/439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.644/2025 registered at Police Station Manawar, District- Dhar (MP) for offence punishable under Section 25, 25(1)(AA) of the Arms Act and section 111(1) of the BNS, 2023. The applicant is in custody since 4/10/2025. His first bail application was dismissed as withdrawn by this Court vide order dated 5.3.2026 passed in MCRC.No. 3597/2026 with liberty to renew the prayer after the seizure witnesses are examined in the trial Court.
3] The allegation against the applicant is that he was involved in the aforesaid case wherein the police recovered two country-made pistols, one half-made country-made pistol and various tools and materials purportedly used for manufacturing firearms, including a furnace fan, grinder machine, drill machine, hammers, sandashi, barrelPipes, cans, pistol-making platform, metal sheets, grinder blades, and saw blades from the possession and house of the applicant.
4] Counsel for the applicant has submitted that the seizure witnesses have been examined and they have not supported the case of the prosecution. It is further submitted that the applicant is lodged in jail since 4/10/2025. and the final conclusion of trial is likely to take sufficiently long time. Hence, it is submitted that the bail application may be allowed.
5] Counsel for the respondent / State, on the other hand, has opposed the prayer.
6] Having considered the rival submissions and on perusal of the case diary and the fact that the seizure witnesses have not supported the case of the prosecution and that the applicant is lodged in jail since 4/10/2025 and the final conclusion of trial is likely to take sufficiently long time, this Court is inclined to allow the present application.
7] 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.25,000/-(Rupees Twenty Five 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. 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.
Certified copy as per rules.
