Nilesh @ Neelu And Others vs State Of M.P

Anil Verma, J

These are first applications under Section 439 of Cr.P.C. filed on behalf of the applicants for grant of bail. The applicants are implicated in connection with Crime No.590/2021 registered at Police Station- MIG Indore, District- Indore MP for offence punishable under Sections 399 & 402 of IPC and Section 25 of Arms Act. The applicants are in custody since 18.08.2021.

Heard the learned counsel for the parties and perused the case- diary.

As per prosecution story, on 17.08.2021, police received discrete information from the informer that some persons are planning from committing dacoity at petrol-pump. Upon receiving said information, police reached on the spot and arrested both the applicants along with 3 other co-accused persons. Police recovered one Sabbal from the applicant - Anand and one knife from the applicant - Neelesh. Air-gun pistol and some other arms were also recovered from some other accused persons. It is found that both the applicants along with other co-accused persons were planning for committing dacoity at petrol-pump, thereafter, F.I.R. was registered against the present applicants and other co-accused persons.

Learned counsel for the applicants contended that applicants are innocent persons and they have been falsely implicated in this offence. The applicants are permanent residents of district- Indore. The applicants have already suffered jail incarceration since 18. 08.2021 and no further custodial interr gation of the applicants is required and investigation is over and charge-sheet has been filed and final conclusion of trial will take a long sufficient time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

Per contra, learned government advocate for the respondent - State opposes the bail applications and prays for its rejection by submitting that applicant-Nilesh has two criminal antecedents and applicant - Anand Kushwah has five criminal antecedents. Both the applicants are habitual offenders.

Looking to the nature of the allegation and considering the facts and circumstances of the case and the nature and gravity of the allegation and also keeping in view the fact that the applicants are in jail since 18.08.2021 and investigation is over and charge-sheet has been filed and trial will take considerable long time for its final conclusion, I deem it proper to release the applicant on bail.

Accordingly, without commenting on the merits of the case, the applications filed by the applicants are allowed. The applicants are directed to be released on bail upon their furnishing personal bonds in the sum of Rs.50,000/- (Rupees Fifty Thousand) each with one solvent surety of the like amount each to the satisfaction of the trial Court for their regular appearance before the trial Court during trial with a condition that they 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.

Before releasing the applicant from custody, the jail authorities are directed to medically examine him in order to rule out the possibility of COVID-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No.1/2020.

Certified copy as per rules.