High CourtsSingle Bench

Totaram Khatik vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 17 February 2022 · Citation: (2022) 02 MP CK 0130

HON’BLE JUDGES
Deepak Kumar Agarwal, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 399, 400, 402 · Arms Act, 1959 — Section 25, 27 · Madhya Pradesh Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 — Section 11, 13
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.8583 Of 2022
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Judgment

22 paragraphs · 364 words

Deepak Kumar Agarwal, J

This is the first bail application u/S. 439 of Cr.P.C. filed by the applicant for grant of bail.

The applicant was arrested on 22.01.2020 in connection with Crime No.54/2020 by Police Station Dehat, District Bhind (M.P.) for the offence

punishable under Sections 399, 400, 402 of IPC and Section 25/27 of Arms Act and Section 11/13 of MPDVPKAct.

In brief case of the prosecution is that on 22.01.2020 between 11:15 pm to 11:55 pm, Police got information through whistle-blower that some persons

behind the ""Kashak Vishram Grah""Â being equipped with deadly weapons are hatching conspiracy to commit dacoity in the house of Karu Bharoli.

Accused Totaram, Bhima and Ramesh were arrested on the spot while others were absconded.

After investigation, charge-sheet has been filed.

Learned counsel for the applicant submit that applicant is innocent and falsely implicated in the case. He is in custody since 22.01.2020. Investigation

has been complete and charge-sheet has been filed. He undertakes to cooperate in trial and to abide by the conditions which may be imposed by this

Court. Conclusion of trial will take time. Moreso, co-accused Deepu Pandit @ Thakurdas and Ramesh Narwariya and Sanjay Verma have been

extended benefit of bail by orders dated 26.06.2021 16.10.2020 and 21.12.2021passed in MCrC 18234/2020, 38822/2020 and M.Cr.C.No.61255/2021

respectively. On such premises, learned counsel for the applicant prayed for bail.

Learned counsel for the State opposed the application and prays for its rejection.

Heard learned counsel for the rival parties at length and perused the case diary.

Looking to the facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the application

should be allowed and by allowing the application it is ordered that if the applicant furnishes bail bond of Rs.25,000/- (Rupees Twenty Five Thousand

only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail. He will present during trial before

the trial Court on each and every date.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.