AI Structured Summary
Not yet generated for this judgment
Judgment
Vivek Rusia, J
This is first application filed under section 439 Cr.P.C seeking bail in connection with Crime No.227/2020 registered at police station Kukdeshwar,
district Neemuch for the offence punishable u/s 5 & 9B of the Explosives Act and 3 & 4 of the Explosive Substance Act.
As per prosecution story on 16.12.2020 Nayab Tahsildar found the work of digging of well going on in the agricultural field of Amritlal through
explosives and from the tractor and compressor 473 gelatin rods and 42 detonators were found on the spot. The applicant is said to have fled away
from the spot after seeing the Nayab Tahsildar. His name was disclosed by Amritlal and accordingly FIR was registered against him. After rejection
of his bail application u/s 438 Cr.P.C he surrendered before the police on 23.07.2021, hence the present bail application u/s 439 Cr.P.C.
Learned counsel for the applicant submits that the applicant is neither the owner of the tractor nor the owner of the agricultural field. He was not
arrested from the spot, therefore, there is a possibility of false implication of the applicant in this case without there being any any evidence. The police
has not conducted any investigation in respect of the ownership of the tractor and compressor machine. He is not in police custody, therefore, he be
enlarged on bail.
Shri Shashwat Seth, learned Panel Advocate appearing for the State submits that no statement u/s 27 of the Evidence Act is available in the case
diary.
Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the applicant, without commenting on the
merits of the case, the application is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of
Rs.40,000/- (Rupees Forty Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before
the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions
enumerated under section 437(3) Cr.P.C.
Before releasing the applicant from the 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.
C.c as per rules.