Sunil vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

Case diary is available.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant as he has been arrested on 29.5.2023 in connection with Crime No.133/2023 registered at Police Station Sevdha, District Datia for the offence punishable under Sections 25(1-A), 25(1)(A, A), 27 of the Arms Act.

Prosecution story, in brief is that on 29.5.2023 co-accused Manish Jatav was having 0.315 bore country made pistol along with one live cartridge. During investigation it was revealed that he purchased the aforesaid weapon and cartridges from co-accused persons Maan Singh, Sunil S/o Maan Singh and the applicant provided the aforesaid weapon to co-accused persons Maan Singh and Sunil S/o Maan Singh. On the instance of co-accused persons Maan Singh and Sunil S/o Maan Singh, six small and big size country made pistol out of which two 12 bore country made pistol, three 315 bore country made pistol and one semi manufactured pistol, 13 live cartridges 315 bore, 10 live cartridges 12 bore, raw materials for manufacturing illegal weapons, two big drill machine, one small drill machine, one welding machine, one fan, one electronic grinder, one manual grinder and other instruments were seized from their possession.

Learned counsel for the applicant submits that as per prosecution case itself one firearm and cartridges along with six small and big size of country made pistol out of which two 12 bore country made pistol, three 315 bore country made pistol and one semi manufactured pistol, 13 live cartridges 315 bore, 10 live cartridges 12 bore, raw materials for manufacturing illegal weapons, two big drill machine, one small drill machine, one welding machine, one fan, one electronic grinder, one manual grinder and other instruments were seized from the house of co-accused persons Maan Singh and Sunil S/o Maan Singh. Applicant has falsely been implicated in the matter. He denied to sign on the seizure memo. Except disclosure memo of co-accused persons there is nothing against him. The applicant is in custody since 29.5.2023. Co-accused Manish Jatav has already been enlarged on bail vide order dated 11.7.2023 passed in M.Cr.C.No.29082/2023, therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.

Learned counsel for the respondent/State has vehemently opposed the prayer and prayed for its rejection.

Heard the learned counsel for both the parties.

Having considered the rival submission, material pointed out by the learned counsel for the applicant, place of seizure of arms and ammunition said to be seized from the possession which is the house of co-accused persons so also other facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court is of the view that the applicant deserves to be enlarged on bail, hence the application is allowed.

It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr.P.C.

This application is allowed and stands disposed of.

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