Kirtish And Others vs State Of M.P

Prakash Shrivastava, J

Both these are the first bail applications made by the applicants (accused) under Section 439 Cr.P.C.

Notice of these applications were served on the State Counsel. Case diary as per the direction of this Court has been produced and it has been perused.

The applicants are facing trial for the offence punishable under Sections 399 and 402 Of IPC and Sections 25 & 27 of the Arms Act registered with Police Station - Kishanganj, District - Indore(M.P.) in Crime No.477/2021.

Learned counsel for the applicants submits that there is no material available to show that the applicants were making preparation for the purpose of dacoity. They further submits that the applicants are agriculturists, who have been falsely implicated and that they are young persons of aged about 18-22 years having no criminal antecedents and only a knife has been seized from them. He further submits that the applicants are in custody since 18/07/2021. The investigation is complete, challan has been filed and trial is likely to take time.

Learned Dy. AG for the State has opposed the bail application.

On perusal of the case diary and considering the circumstances of the case, I find prima facie force in the submissions made by the counsel for the applicants. Hence, I am of the considered view that the applications for grant of bail deserves to be allowed and are, accordingly, allowed.

The applicants are directed to be released on bail upon their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Thirty Fifty Thousand)each with one surety each in the like amount to the satisfaction of the trial Court for their appearance as and when directed.

The applicants will attend each hearing of their trial before the trial Court out of which this bail arises. Any default in attendance in Court would result in cancellation of the bail granted by this Court.

C.C. as per rules.