Ramveer@Chhotu vs State Of Madhya Pradesh

Sunita Yadav, J

This is first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail relating to FIR No. 80 of 2024 registered at Police Station - Bijoli, District Gwalior (M.P.) for the offence under Sections 25, 27 of the Arms Act.

Allegation against the present applicant - accused is that he was found in possession of one 315 bore katta and one live cartridge without having any valid license.

Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. It is further argued that applicant is in custody since 23.04.2024. Since recovery has already been done, therefore, there is no requirement of further custodial interrogation of the applicant. Further submission is that case is triable by the Court of JMFC and trial is likely to take long time to conclude. Applicant is permanent resident of District Gwalior (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence. Hence, prayed for grant of bail to the applicant.

On the other hand, learned counsel for the State opposed the bail application on the ground of criminal cases registered against the applicant and prayed for rejection of present bail application.

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

Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with two solvent sureties in the like amount to the satisfaction of the trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1) The applicant will comply with all the terms and conditions of the bond executed by him/her;

2) The applicant will cooperate in the investigation/trial, as the case may be;

3) The applicant will not indulge himself/herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4 ) The applicant will not commit any other offence or will not repeat the offence in future. In case, if he/she is found involving in the offence of same nature, this bail order shall stand cancelled automatically without further reference to the Bench.

5) The applicant will not seek unnecessary adjournments during the trial; and

6) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

7) The applicant shall mark his presence before the SHO of the concerning police station in the first week of every month till conclusion of trial.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.