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Judgment
43 paragraphs · 368 wordsThe 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:-
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