Sonu Kaur vs State Of Madhya Pradesh

S.A.Dharmadhikari, J

The applicant has filed this second application under section 439 of the Cr.P.C. for grant of bail. Earlier first bail application was dismissed as withdrawan vide order dated 28/12/2020 passed in M.Cr.C. No. 51598/2020.

The applicant has been arrested on 01/11/2020 by Police Station - Dheerpura District Datia (M.P.) in connection with Crime No.113/2020 registered in relation to the offence punishable under Section 25(1)(A) and 25(1B) of the Arms Act.

Allegations against the applicant, in short, are that on the basis of information received from the informer, the police apprehended the applicant and recovered from her possession ten pistole of 32 bore. On the basis of aforesaid, crime has been registered against the applicant.

Learned counsel for the applicant submit that the applicant is a lady and has falsely been implicated in the matter. She is in custody since 01/11/2020. She is not involved in the alleged offence. The offence is triable by JMFC. Applicant is permanent resident of Gram Dhasli P.S. Chainpur District Khargaun (M.P.) and there is no likelihood of her absconsion or tampering with the prosecution evidence. With the aforesaid submissions, prayer for grant of bail is made.

Learned Additional Advocate General for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

However, it would not be desirable to enter into the merits of the rival contentions at this juncture.

Considering the overall facts and circumstances of the case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and 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 two solvent sureties each of Rs.50,000/- to the satisfaction of the trial Court for her appearance on the dates given by the concerned Court.

The applicant shall also furnish a written undertaking before the concerned court that she will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

This order will remain operative subject to compliance of the following conditions by the applicant :-

The applicant will comply with all the terms and conditions of the bond executed by her.

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench.

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.