Sanjay @ Satish Rajawat vs State Of Madhya Pradesh

Gurpal Singh Ahluwalia, J

This first application under Section 439 of Cr.P.C has been filed for grant of bail.

The applicant has been arrested on 24.04.2022 in connection with Crime No.48/2022 registered at Police Station Barohi, District Bhind for offence under Sections 399, 400 and 402 of IPC, Section 11/13 of MPDVPK Act and Sections 25 and 27 of the Arms Act.

It is submitted by the Counsel for the applicant that according to the prosecution case, applicant and other co-accused persons had assembled for making preparation for committing dacoity. The applicant was arrested on the spot and it is alleged that one .315 bore country-made pistol along with one live cartridge were seized. He has been falsely implicated. Applicant is ready and willing to abide by any condition which may be imposed by this Court. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the Counsel for the respondent/State. However, it is fairly submitted that as per the case diary the applicant has no criminal history.

Considering the nature of allegations as well as period of detention and the young age of the applicant, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/-(Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

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

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.

Application is allowed.