AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
10 paragraphs · 401 wordsPrem Narayan Singh, J
They are heard and perused the record.
This is first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail on behalf of applicant has been arrested in relation to F.I.R./Crime No.102/2024 dated (not mentioned), registered at Police Station-Jaora, District-Ratlam (M.P.) for the offence under Sections 25, 27 of Arms Act. Applicant is in custody since 13.03.2024.
2 . Allegation against the applicant is that he is involved in the aforesaid offence wherein one pistol and two live cartridges were recovered from co-accused.
Learned counsel for the applicant submitted that applicant is an innocent and has been falsely implicated in the present crime. One pistol and two live cartridges were recovered from the possession of co-accused. There are no criminal antecedents against the applicant of similar nature. The applicant is in custody since 13.03.2024 and final conclusion of trial will take considerable long time. Under these circumstances, counsel prays for grant of bail to the applicant.
4 . On the other hand, learned counsel for the State has opposed the prayer and prayed for its rejection, however, fairly admitted that there are no criminal antecedents registered against the applicant of similar offence.
After hearing learned counsel for the parties and looking to the facts and circumstances of the case and custody period of the applicant, I am of the view that it is a case, in which applicant may be released on bail. Consequently without commenting on the merits of the case, first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.
6 . I t is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in 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 concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.
This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.