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Santosh Shukla vs State Of M.P

Madhya Pradesh High Court · Decided on 19 October 2020 · Citation: (2020) 10 MP CK 0188

HON’BLE JUDGES
Anjuli Palo, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Indian Penal Code, 1860 — Section 399, 402 · Arms Act, 1959 — Section 25, 27 · M.P. Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 — Section 11, 13
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 40080 Of 2020
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Judgment

8 paragraphs · 339 words

Anjuli Palo, J

This is first application under section 439 of Cr.P.C. for grant of bail filed on behalf of applicant - Santosh Shukla who has been arrested in connection with Crime No.115/2020 registered at Police Station Sirmour, District Rewa for offences punishable under Sections 399 & 402 of the Indian Penal Code, Section 25/27 of the Arms Act and Sections 11/13 of the MP Daikiti and Vyapharan Prabhavit Kshetra Adhiniyam, 1981.

As per the prosecution case, on 05.07.2020 police received information that some people were planning dacoity. On the said information, police reached on the spot and arrested the applicant and other co-accused persons.

Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the case. The other co-accused persons namely Umesh Tiwari and Sudama Dwivedi have been released on bail by this Court vide order dated 14.08.2020 passed in M.Cr.C. Nos.24156/2020 & 26800/2020 and Ramvallabh has been released vide order dated 11.09.2020 passed in M.Cr.C. No. 32335/2020. The case of the present applicant is similar to them. Due to Covid-19 pandemic, trial would take considerable time, therefore, it is prayed that the applicant be granted bail.

Learned Panel Lawyer for the respondent/State has opposed the prayer for grant of bail application.

Heard learned counsel for the parties.

Considering the facts and circumstances of the case and on the ground of parity, without commenting on the merits of the case, this application is allowed. It is directed that applicant- Santosh Shukla be released on bail on 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 concerned trial Court for his appearance on the dates so fixed by that Court during trial. If the applicant is found involved in similar offence in future, this order of bail shall stand ineffective. The applicant shall comply with the provisions of Section 437 (3) of the Cr.P.C.

Accordingly, the application is allowed and disposed of