High CourtsSingle Bench

Sunil Yadav vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 28 February 2020 · Citation: (2020) 02 MP CK 0196

HON’BLE JUDGES
Anand Pathak, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438 · Indian Penal Code, 1860 — Section 399, 402 · Madhya Pradesh Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 — Section 11, 13 · Arms Act, 1959 — Section 25(1), 30
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 8325 Of 2020
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

43 paragraphs · 368 words

The applicant has filed this first application under Section 438 of Cr.P.C for grant of anticipatory bail and he is apprehending his arrest on the basis of

offence registered vide Crime No.172/2019, at Police Station Pandakhar, District Datia, for the offence punishable under Sections 399, 402 of IPC,

Section 11/13 MPDVPK Act and Sections 25(1)A and 30 of the Arms Act.

It is the submission of learned counsel for the applicant that applicant is apprehending his arrest on basis of registration of offence as referred above.

Except Section 30 of Arms Act no other offence is liable to be imposed over the applicant because he was not present at the time of preparation of

Dacoity and his role to the extent at best is allowing use of weapon of applicant by the members of unlawful assembly. Section 30 of Arms Act is

bailable. Confinement would bring him social disrepute and personal inconvenience. He undertakes to cooperate in the investigation/trial and make

himself available as and when required. He would not be a source of embarrassment and harassment to the prosecution witnesses in any manner. He

further undertakes to do some community service to purge his misdeeds.

Under these grounds, he prayed for grant of bail to the applicant.

Learned PP for the State opposed the prayer made by the applicant and and prayed for its dismissal.

Heard learned counsel for the parties and perused the case diary.

Considering the submissions advanced by learned counsel for the applicant as well as fact situation of the case, but 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.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court/Investigating

Officer.

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

1.

2.

/

3.

,

, / ,

;

4.

;

5.

6.

/ ;

7.

9 2 /

, ,

, (

)

,

/

( ) / , ,

:- ,

,

, -

(

/

/

, 2020,

◌ ,

, ,