Madhya Pradesh High Court

MCRC/55637/2023 of RAMKUMAR Vs THE STATE OF MADHYA PRADESH on 2 February 2024

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COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI

IN THE HIGH COURT OF MADHYA PRADESHAT JABALPURBEFORE

HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWALON THE 2[nd] OF FEBRUARY, 2024

MISC. CRIMINAL CASE No. 55637 of 2023

BETWEEN:-

RAMKUMAR S/O MR. BHAIRAV SINGH KHNGAR, AGEDABOUT 23 YEARS, OCCUPATION: LABOUR R/O TIMARNIAT PRESENT R/O AMLADAKALAN TAHSIL SEONIMALWA NARMADAPURAM (MADHYA PRADESH)

(BY SHRI ABHAY GUPTA - ADVOCATE)

.....APPLICANT

AND

THE STATE OF MADHYA PRADESH THROUGH POLICESTATION SEONI MALWA / SHIVPUR DISTRICDTNARMADAPURAM (MADHYA PRADESH)

(BY MS. GEETA YADAV - PANEL LAWYER )

.....RESPONDENT

This application coming on for admission this day, the court passed the following:

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ORDER

This is the first bail application filed by the applicant under Section 439of the Code of Criminal Procedure for grant of regular bail relating to CrimeNo.308/2023 registered at Police Station - Seonimalwa District Narmadapuram(M.P.) for the offence punishable under Sections 25 and 27 of Arms Act.Applicant is in detention since 18.10.2023.

2. As per the prosecution story, on 18.10.2023, the Asst. Sub Inspectorhad got an information from the informant that one person is walking bycarrying pistol at the Paghhal Bus stand. On the basis of said information the concerning police raided at the place of incident. When they went towardsamalwada road, a person was standing having a pistol. After inquiry, he told hisname Ramkumar and did not have license of said pistol and on live kartoos. Onthe report lodged by the concerning police for the commission of offencepunishable under Sections 25 and 27 of Arms Act has been registered againstthe present applicant.

3. Learned counsel for the applicant submitted that applicant is in jailsince 18.10.2023. He is innocent and has been falsely implicated. Charge sheethas been filed. Offence is triable by JMFC. The trial of the case will takeconsiderable time. Therefore, it has been prayed that the applicant may bereleased on bail.

4. On the other hand, learned counsel for State has opposed the prayerfor grant of bail to the applicant on the ground of his criminal antecedents.

5. Having taken into consideration all the facts and circumstances of thecase, but without commenting on merit of the case, I am inclined to release theapplicant on bail. Consequently, bail application under Section 439 of the Codeo f Criminal Procedure for grant of bail filed on behalf of applicant, standsallowed.

6. It is directed that applicant be released on bail on his furnishing apersonal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) withone solvent suretyin the like amount to the satisfaction of the trial Court, for hisregular appearance before the trial Court during trial with a condition that heshall remain present before the concerned Court on all the dates fixed by itduring trial. He shall abide by all the conditions enumerated under Section437(3) of Cr.P.C.In case of breach of any of the aforementioned conditions,the bail granted by this Court shall stand rejected automatically.

7. This order shall be effective till the end of the trial. However, in caseof bail jump and breach of any of the conditions of bail, it shall becomeineffective.

Certified copy as per rules.

anu

(PRAMOD KUMAR AGRAWAL)JUDGE

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