Pradeep vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

This is the first application filed under Section 439 of Cr.P.C.for grant of bail. The applicant has been implicated in the Crime No.1/2022 registered at Police Station, Industrial Area, Ratlam, for the offence punishable under Sections 399, 402 of IPC and under Section 25, 27 of Arms Act.

The prosecution story in brief is that on 31.12.2021 at about 9.38 PM, the applicant along with other 8 to 9 co-accused persons armed with deadly weapons like stick, sword, knife, country made pistol were found making plan to commit dacoity on Sejawata-“ Banjali Road.

Learned counsel for the applicant submit that he has been falsely implicated in the matter. One country made pistol and one cartridge. He is in custody since 3.1.2022. The co-accused Chirag has been enlarged on bail by this Court vide order dated 6.4.2022 passed in M.Cr.C.No.15930/2022. The case of the applicant is similar to that co-accused. Investigation has been completed and trial will take time to conclude. Hence, prayer is made to enlarge the applicants on bail.

Learned counsel for respondent/State has opposed the application and submits that applicant has criminal record and about six other criminal cases are registered against the applicant. Therefore, he is not entitled for grant of bail.

Having considered the rival submissions, material produced on record against the applicant, the co-accused has been enlarged on bail as also considering the facts and circumstances of the case, this Court is of the view that the applicant deserves to be enlarged on bail. Hence, without commenting anything on the merits of the case, the application for grant of bail is allowed.

It is directed that applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupess Fifty Thousand only) with a solvent surety each 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.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned Jail Authority is directed to follow the directions/ guidelines issued by the Government with regard to COVID-19 before releasing the applicants.

M.Cr.C. stands allowed and disposed of.

C. C. as per rules.