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Sonu @ Foda @ Umesh vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 27 December 2023 · Citation: (2023) 12 MP CK 0116

HON’BLE JUDGES
Subodh Abhyankar, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Indian Penal Code, 1860 — Section 34, 120B, 307, 393 · Madhya Pradesh Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 — Section 11, 13 · Arms Act, 1959 — Section 25, 27 · Motor Vehicles Act, 1988 — Section 3, 39, 146, 181, 192, 196
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 55497 Of 2023
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Judgment

9 paragraphs · 378 words

Subodh Abhyankar, J

1.

They are heard. Perused the case-diary.

2.

This is applicant's first bail application under Section 439 of Criminal Procedure Code, 1973 as he is in custody since 20-10-2023 in connection with Crime No.898/2022 registered at Police Station - City Kotwali, Morena (MP) for the offence punishable under Sections 307, 393, 34 of IPC added Section 120-B of IPC and Section 11, 13 of MPDVPK Act and Section 25, 27 of the Arms Act as well as Section 146/196, 3/181, 39/192 of Motor Vehicle Act.

3.

The allegation against the applicant is that he was involved in the aforesaid crime of Dacoity.

4.

Counsel for the applicant has submitted that applicant is innocent and falsely implicated in the case. It is further submitted that in the same offence, co-accused Dinesh Kumar has been granted bail by this Court in M.Cr.C. No.5382/2023 vide order dated 02-02-2023 and case of the present applicant is identical with the co-accused Dinesh Kumar. Besides, applicant is in jail since 20-10-2023. Under such circumstances, prayer is made for grant of bail to the applicant.

5.

Counsel for the State, on the other hand, has opposed the prayer with the submission that applicant has criminal history of as many as 06 cases, however, it is not denied that no recovery has been made from the present applicant and he has also not been identified in the test identification parade by the complainant.

6.

Considering the submissions advanced, material information available in the case diary, in the obtaining facts and circumstances of the case as well as maintaining parity with co-accused Dinesh Kumar (surpa), this Court is inclined to allow the present application.

7.

Accordingly, without adverting to the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with a solvent surety of 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 Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

C.c. as per rules.