High CourtsSingle Bench

Pawan Nagar vs State Of Madhya Pradesh And Others

Madhya Pradesh High Court · Decided on 10 February 2023 · Citation: (2023) 02 MP CK 0027

HON’BLE JUDGES
Deepak Kumar Agarwal, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 399, 402 · Arms Act, 1959 — Section 25, 27 · Madhya Pradesh Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 — Section 11, 13
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 7253 Of 2023
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Judgment

13 paragraphs · 316 words

Deepak Kumar Agarwal, J

This is 1st bail application under Section 439 of Cr.P.C. filed by the applicant for grant of bail.

Applicant has been arrested on 25.1.2023 by police Station, Lahar, Distt. Bhind, in connection with crime No.392/2022 for the offence punishable under Sections 399, 402 of IPC, Sections 25, 27 of the Arms Act and Sections 11,13 of the MPDVPK Act.

Allegation against the applicant, in short, is that the applicant along with other co-accused persons was found making preparation to commit dacoity at petrol pump. On the basis of aforesaid, crime has been registered against the applicant and co-accused persons. Applicant has been arrested on 25/1/2023.

After investigation, charge-sheet has been filed..

Learned counsel for the applicant submits that applicant is innocent and falsely implicated in the case. He is in custody since 25.1.2023. Investigation has been complete and charge-sheet has been filed. Co-accused Rajkumar has been released on bail by this Court vide order dated 30.1.2023 passed in M.Cr.C.No.4407/2023. He undertakes to cooperate in trial. Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail.

Learned counsel for the State opposed the application and prayed for its rejection.

Both the Advocates are heard. Case diary perused.

Looking to the facts & circumstances of the case, without commenting upon merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes bail bond of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.

He will present during trial before the trial Court on each and every date.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.