Ravindra Alias Tetiya vs State Of Madhya Pradesh

Prakash Chandra Gupta, J

Heard with the aid of case diary.

This is first application filed under Section 439 of Cr.P.C. for grant of bail to the applicant/accused, relating to FIR/Crime No.278/2023 dated (not mentioned) registered at Police Station Bagh, District Dhar (M.P.) for commission of offence punishable under Sections 25 and 27 of the Arms Act.

Prosecution story in brief is that on 08.06.2023, applicant was found in possession of country made Katta of 12 bore and a live cartridge. Police had seized the aforesaid Katta and cartridge from the possession of present applicant and crime has been registered against him.

3 . Learned counsel for the applicant/accused submits that the applicant has not committed the offence and he has falsely been implicated in the case. The offence is exclusively triable by Judicial Magistrate First Class. Applicant is in custody since 08.06.2023. After completion of investigation, charge-sheet has been filed. Trial will take considerable long time for its disposal, therefore, it is prayed that the applicant be released on bail.

On the other hand, learned counsel for the non-applicant/State has opposed the prayer and submits that applicant is a habitual offender and 8 criminal cases including 2 cases of likewise offence is registered against him hence he is not entitled for bail.

Having considered the rival submissions, facts and circumstances of the case also considering the custody period of the applicant, without commenting on the merits of the case, this court is of the view that applicant deserves to be enlarged on bail, hence, application is allowed.

It is directed that applicant- RAVINDRA ALIAS TETIYA shall be released on bail on his furnishing a personal bond for a sum of Rs.50,000/-(Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the concerned Court, for his appearance before the concerned Court regularly on all such dates as may be fixed in this regard during trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.

With the aforesaid, this application is allowed and stands disposed of.