Pappu @ Dinesh Jaiswal vs State Of Madhya Pradesh

Vishal Dhagat, J

This is first application under Section 439 of the Code of Criminal Procedure for grant of bail to the applicant.

Applicant has been arrested on 05.11.2022 in connection with Crime No.699/2022 for offence under Sections 458, 327, 294, 323, 336, 427, 506/34 of the IPC and Section 25/27 of the Arms Act registered at Police Station-Nagod, District-Satna (M.P.).

Learned counsel appearing for the applicant submitted that applicant is innocent and has falsely been implicated in the case. Applicant is in jail since 05.11.2022. As per prosecution story, applicant came on liquor shop and demanded free liquor and when applicant was not given free liquor he is said to have assaulted the employees of the shop with a Danda and has also fired Katta in air and on the very next day of incident applicant went to collect cartridges of Katta. It is further submitted that a false story has been concocted against the applicant. In these circumstances, he prayed that applicant may be enlarged on bail.

Learned Government Advocate appearing for State opposed the application for grant of bail. It is submitted that earlier one offence in connection with Crime No.281/2020 under Sections 341, 294, 147 of the IPC has been registered against the applicant. Applicant is a notorious person and he may not be released on bail.

Heard the counsel for the parties.

There is delay in lodging of FIR. It is very unlikely that applicant will come on the next day to collect cartridges from shop. Offence which is registered against the applicant in earlier occasion is not serious in nature.

Considering the aforefacts and circumstances of the case, without expressing any opinion on the merits of the case, bail application filed by the applicant is allowed. It is directed that applicant be released on bail on furnishing personal bond of Rs.50,000/-(Rs. Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned for his regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial.

The applicant shall abide by the following conditions of Section 437 (3) of Cr. P. C. as under:-

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

C.C. as per rules.