Suret @ Suresh vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

Applicant has filed the first bail application under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.254/2022 registered at Police-Station – Bag, District – Dhar (MP) for the offence punishable under Section 394 and 397 of Indian Penal Code, 1860 along with Section 25(1) of Arms Act, 1959 and the applicant is behind the bars since 08.08.2022.

Counsel for the applicant submits that the statements of complaints have been recorded and they have not recognized the present applicant and has turned hostile. The applicant isbehind the bars since 08.08.2022 and the conclusion of trial would take considerably long time. With these submissions, bail has been sought.

Per contra, counsel for the State was also heard who has opposed the prayer and prays for its rejection.

After hearing learned counsel for the parties and taking into consideration the fact that the complainants have turned hostile and have not supported the prosecution story and the applicant is behind the bars since 08.08.2022 but without commenting anything on the merits of the case, the co-accused persons have already been granted bail. I deem it proper to allow the bail application. Accordingly, the bail application is allowed.

The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety of like amount to the satisfaction of Trial Court for his regular appearance before the concerned Court with a condition that he shall remain present before the Trial Court on all such dates as may be fixed in this behalf by the Court concerned during the pendency of trial. The applicant shall also abide by the conditions enumerated under Section 437(3) of Code of Criminal Procedure, 1973. Miscellaneous Criminal Case stands allowed and is disposed of.

Let a copy of this order be sent to the Court concerned for compliance. Certified copy as per Rules.