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Sunil vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 8 September 2023 · Citation: (2023) 09 MP CK 0035

HON’BLE JUDGES
Prem Narayan Singh, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Indian Penal Code, 1860 — Section 394 · Arms Act, 1959 — Section 25
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 40007 Of 2023
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Judgment

10 paragraphs · 360 words

Prem Narayan Singh, J

1.

Heard and perused the record.

2.

This first bail application has been filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure for grant of bail relating to Crime No.209/2023 dated (not mentioned), registered at Police Station-Gandhi Nagar, District-Indore for the offence under Sections 394 of IPC and Section 25 of Arms Act. The applicant is in custody since 14.06.2023.

3.

As per prosecution story, the applicant alongwith co-accused committed robbery.

4.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. The applicant is in custody since 14.06.2023 i.e. more than two months. Co-accused Vikram has been granted bail by this Court vide order dated 16.08.2023, passed in MCRC No.35959/2023 Investigation is over, charge-sheet has been filed and final conclusion of trial will take sufficient long time. Under these circumstances, counsel prays for grant of bail to the applicant.

5 . On the other hand, learned counsel for the State has opposed the prayer and prayed for its rejection.

6.

After hearing learned counsel for the parties and looking to the facts and circumstances of the case, I am of the view that it is a case, in which applicants may be released on bail. Consequently without commenting on the merits of the case, bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.

7.

It is directed that the applicant/accused be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

8.

This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.