Kailash Singh vs State Of M.P

Sujoy Paul, J

This is first bail application under Section 439 of Cr.P.C. for grant of bail. The applicant, who is implicated in Crime No.617/2020 registered at Police

Station Sendhwa Rural District Barwani for the offence punishable under Sections 25(1)(a) of the Arms Act, 1959.. The applicant is in custody since

01.10.2020.

Learned counsel for the applicant submits that the applicant is in custody since 02.10.2020. The applicant has been falsely implicated in the crime and

there is no iota of legal evidence to connect the applicant with the commission of crime. The whole case of the prosecution is founded upon

memorandum of co-accused persons prepared under Section 27 of the Evidence Act. The other co-accused Persons namely Khuspal, Khusraj and

Khusjeet Singh were granted bail by the Court below. The applicant was declined bail for the reason that the applicant was manufacturer of weapons

but no materiel whatsoever has been seized which may show that the applicant was manufacturing the weapons in question. Investigation is over. The

challan has already been filed. The trial in the present matter in this Covid-19 era may take time. Therefore, the applicant may be granted bail.

Learned counsel for the State has opposed the bail application. However, he did not dispute that only evidence available against the applicant is

memorandum statements of co-accused persons prepared under section 27 of the Evidence Act. He pointed out yet another offence of similar nature

i.e. Crime No.621/2020 which is also registered against the applicant.

Considering the nature of accusation coupled with the fact that that investigation is over, without commenting on the merits of the case, the application

filed by the applicant Kailash Singh S/o Hosiyar Singh Bernala is allowed. The applicant is directed to be released on bail on his furnishing a personal

bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial court for his

regular appearance before the trial court during trial with a condition that he shall remain present before the court concerned during trial and shall also

abide by the conditions enumerated under section 437(3) Cr.P.C.

With the aforesaid, the application stands disposed of.

Certified copy, as per rules.