Jitendra vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant as he has been arrested on 07.07.2023 in connection with Crime No.699/2023 registered at Police Station Kotwali Morena, District Morena for the offence punishable under Sections 399, 400, 402 of IPC and Section 11/13 of MPDVPK Act and Section 25/27 of Arms Act.

The prosecution case, in brief, is that on 24.04.2023, the applicant along with other co-accused persons armed with deadly weapons were found making plan to commit dacoity in the house of Ramveer Rathore.

Learned counsel for the applicant submits that applicant has been falsely implicated in the case. He has not committed any offence. He is in custody since 07.07.2023. He has no criminal antecedents. His custodial interrogation is no more required. The trial will take time to conclude, therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.

Learned counsel for the respondent/State has vehemently opposed the application and prayed for its rejection. He submits that one torch and one iron funner have seized from the possession of applicant. However, he fairly submits that applicant has no criminal antecedents.

Heard the learned counsel for both the parties.

Having considered rival submissions, material pointed by learned counsel for the applicant, nature of allegations alleged against the applicant and over all facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court is of the view that the applicant deserves to be enlarged on bail, hence the application is allowed.

It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a 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 further directed that applicant shall comply with the provisions of Section 437 (3) of Cr.P.C.

This application is allowed and stands disposed of.

Certified copy, as per Rules.