Mohan S/O Shriram vs State Of Madhya Pradesh

Subodh Abhyankar, J

This is the applicant's first bail application under Section 439 of Criminal Procedure Code, 1973. He is implicated in connection with Crime No.440/2021 registered at Police Station-Gandhwani, District-Dhar (MP) for offence punishable under Sections 399, 402 of the IPC and 25(1),25(2) of the Arms Act. The applicant is in jail since 04.08.2021.

The allegation against the applicant is one of preparation of dacoity.

Counsel for the applicant has submitted that, from the present applicant one stick has been seized. It is further submitted that the applicant is in jail since 4.8.2021, charge sheet has been filed and there are no other case registered against the applicant. Counsel has further submitted that under identical circumstances, co-accused Santosh has already been granted bail by this Court in M.Cr.C.No.52245/2021 dated 26.10.2021. It is further submitted that the final conclusion of the trial is likely to take sufficient long time. Thus, it is submitted that the applicant be released on bail.

Counsel for the State, on the other hand, has opposed the prayer however, it is not denied that there are no other criminal case registered against the applicant.

Having considered the rival submissions, taking note of the fact that the applicant is in jail since 04.08.2021, no other case has been registered against the applicant and the final conclusion of the trial is likely to take sufficiently long time so also maintaining the parity, the application deserves to be allowed.

Accordingly, without adverting to the merits of the case, the application filed by the applicant is hereby allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (rupees fifty 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 observed that if the applicant is found to be involved in any criminal activities, after his release on bail, then the present bail order shall stand cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.