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 8.6.2023 (wrongly typed as 29.5.2023 in the memo of application) in connection with Crime No.133/2023 registered at Police Station Seondha, 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 found having 0.315 bore country made pistol along with one live cartridge. During investigation it was revealed that co-accused Manish Jatav purchased the aforesaid weapon along with live cartridge from the applicant and his father co-accused Maan Singh.

Learned counsel for the applicant submits that it has been alleged against the applicant that he along with his father co-accused Maan Singh was involved in manufacturing illegal weapon and cartridge and huge quantity of country made pistols and cartridges were seized from their possession. As per prosecution case itself, the weapons and cartridges were seized on the instance of co-accused Sunil S/o Shri Ram Khelawan Jatav and at the time of seizure neither the applicant nor his father were present on the spot. After seizure of the weapons and cartridges on the instance of co-accused Sunil S/o Shri Ram Khelawan Jatav, the applicant was arrested and falsely been implicated in the matter. Nothing was seized from his possession. Co-accused Manish Jatav and Sunil S/o Shri Ramkhilona Jatav have already been enlarged on bail vide orders dated 11.7.2023 and 2.8.2023 passed in M.Cr.C.Nos.29082/2023 and 33705/2023 respectively. Applicant's custodial interrogation is no more required. The applicant is in custody since 8.6.2023. Trial will take time to conclude and therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.

Learned counsel for the respondent/State has vehemently opposed the prayer and submits that the applicant along with his father co-accused Maan Singh both were found involved in manufacturing illegal country made pistols and cartridges. Huge quantity of weapons and cartridges were seized from their house. Allegations alleged against him are of serious in nature, therefore, the applicant is not entitled to be enlarged on bail.

Heard the learned counsel for both the parties.

Having considered the rival submission, material pointed out by the learned counsel for the applicant specially the fact that at the time of seizure of weapons and cartridges said to be seized from the house of the applicant on the instance of co-accused Sunil S/o Shri Ram Khelawan Jatav, the applicant was not present on the spot, so also the fact that the applicant has no criminal antecedents, 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.

Certified copy, as per Rules.