Sandeep And Others vs State Of Madhya Pradesh

Prem Narayan Singh, J

Heard and perused the case record.

This order shall govern the disposal of these first applications as they are arisen out of same crime number of same police station, hence, they are heard analogously and decided by this common order.

This is first bail application filed on behalf of the applicants under Section 439 of the Code of Criminal Procedure for grant of bail in relation to FIR/ Crime No.242/2023, dated (not mentioned) registered at Police Station-Kotwali, District-Dhar for the offences under Sections 392 & 397 of Indian Penal Code, 1860 and Sections 25 & 27 of Arms Act, 1959. The applicant is in custody since 11.04.2023.

As per prosecution story, the allegation against the applicants is that a country made pistol, two live cartridge and cash Rs.700/- has been seized from the possession of accused Sandeep, whereas Rs.1,000/- has been recovered from the possession of accused Aaditya.

Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present crime. The applicant is in jail since 11.04.2023 i.e. almost five months. Final conclusion of the trial is likely to take sufficient long time, therefore, it is prayed that the application be allowed and the applicant be released on bail.

Counsel for the respondent/State, on the other hand, has opposed the application and prayed for its rejection.

Having taken into consideration all the facts and circumstances of the case, considering the period of custody of the applicant and that the final conclusion of trial will take considerable time, I am inclined to release the applicant on bail. Consequently, without commenting anything on the merits of the case, bail application under Section 439 of the Code of Criminal Procedure filed on behalf of applicant, stands allowed.

It is directed that applicants be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) each with one solvent surety in the like amount to the satisfaction of the trial Court, for their regular appearance before the trial Court during trial with a condition that they shall remain present before the concerned Court on all the dates fixed by it during trial. The applicants 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.