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Judgment
22 paragraphs · 403 wordsVivek Agarwal, J
This is first bail application filed under Section 439 of the Code of Criminal Procedure for grant of bail on behalf of the applicant-Lakhan Jatav, who is
in custody since 18/01/2022 in connection with Crime No.41/2022 registered at Police Station Lordganj, Distt. Jabalpur (M.P.) for the offences
punishable under Sections 399, 400, 402 of IPC and also under Section 25, 27 of Arms Act.
As per prosecution story, Sub Inspector-Dinesh Gautam had heard 5-6 persons sitting behind Bhoolan Mandir making a scheme of dacoity at SBI,
Kamla Nehru Bank ATM when he had arrested from the spot.
It is submitted that one Sambal and one hammer have been shown to be recovered from present applicant-Satish Sen whereas Deshi Katta is to be
shown to have been recovered from Harsh Yadav. Investigation is complete, charge sheet is filed. It is also submitted that trial will take time for its
conclusion, hence prayer is made to enlarge the applicant on bail.
On the other hand, Shri Ajay Tamrakar, learned Panel Lawyer, opposes the bail application and submits that there is criminal history of present
applicant as offence registered against him at Madan Mahal Police Station and allegation against him is that he used to demand to consume alcohol.
Taking the fact into consideration the fact that the applicant is in custody since 18/01/2022, investigation is complete, charge sheet is filed, this Court
deems it appropriate to release the applicant on bail, therefore, without commenting on the merits of the case, the application is allowed.
It is directed that applicant shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two
solvent sureties in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be
fixed in this regard during the pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the
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 pre-condition of bail, it shall become
ineffective.
The jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona/Omicron
Virus, before and after releasing the applicant.
Certified copy as per rules.
