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Judgment
12 paragraphs · 367 wordsSatyendra Kumar Singh, J
With the consent, heard finally.
Case diary is available.
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 24.04.2023 in connection with Crime No.115/2023 registered at Police Station Gormi, District Bhind for the offence punishable under Sections 399, 400, 402 of IPC and Section 11/13 of MPDVPK Act and Section 25 (1-B) A, 25, 27 of Arms Act.
The prosecution story, 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 at Nawariya Petrol Pump.
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 24.04.2023. His custodial interrogation is no more required. The trial will take time to conclude. The co-accused Sameem Kha has already been granted bail by this Court by order dated 13.06.2023 passed in M.Cr.C. No.22679/2023. Under these circumstances, applicant is entitled for grant of bail.
Learned counsel for the respondent/State has vehemently opposed the prayer and submits that applicant has criminal antecedents and five other criminal cases have been registered against him.
Heard the learned counsel for both the parties.
Having considered rival submission, 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.