AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
11 paragraphs · 363 wordsVishnu Pratap Singh Chauhan, J
The applicant is in jail since 22.07.2020 in connection with Crime No.13/2020 registered at Police Station Bamitha, District Chhatarpur for commission of offences punishable under Sections 457 and 380 of IPC.
The allegation against the applicant in short is that the applicant committed theft into the shop of the complainant after breaking the door. The matter was reported to the concerned police station and one stolen mobile was recovered at the instance of the applicant.
Learned counsel appearing for the applicant submits that the applicant has falsely been implicated in this case. It is further submitted that after investigation the charge-sheet has been filed. The applicant is not having any criminal antecedent. The applicant is in jail since 22.07.2020, therefore, he may be enlarged on bail.
On the other hand, learned Panel Lawyer for the respondent-State opposes the application and submits that the criminal antecedent report has not been received, therefore, some time may be granted.
Having heard both the counsel for the parties. On the last two occasions, the State has failed to submit the criminal antecedent of the applicant despite of orders and directions of this Court. In the charge-sheet no criminal antecedent is being shown. Considering all these facts, this Court is inclined to enlarge the applicant on bail.
Consequently, this application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicant stands allowed.
It is directed that the applicant-Kamlesh shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Code of Criminal Procedure.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before and after releasing the applicant.
Certified copy as per rules.