Madhya Pradesh High Court
MCRC/4166/2024 of ASLAL Vs THE STATE OF MADHYA PRADESH on 1 February 2024
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE
1
IN THE HIGH COURT OF MADHYA PRADESHAT INDOREBEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGHON THE 1[st] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4166 of 2024
BETWEEN:-
ASLAL S/O MANGILAL, AGED ABOUT 25 YEARS,OCCUPATION: AGRICULTURE PIPLIYARUNDI, DISTT.NEEMUCH (MADHYA PRADESH)
(SHRI SUBODH CHOUDHARY, LEARNED COUNSEL FOR THEPETITIONER ).
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH STATION HOUSEOFFICER THROUGH POLICE STATION BILPANK, DISTT.RATLAM (MADHYA PRADESH)
(SHRI MUKESH SHARMA- GOVT. ADVOCATE).
.....RESPONDENT
This application coming on for admission this day, the court passed the following:
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ORDER
Heard and perused the record.
This is first bail application filed under Section 439 of the Code ofCriminal Procedure, 1973 on behalf of applicant relating to Crime No.737/2023, registered at Police Station-Bilpank, District- Ratlam, for the offenceunder Sections 399, 402 of I.P.C, 1860 and Section 25 of Arms Act. He is injail since 26.12.2023.
2 . Allegation against the applicant is that he along with co-accusedpersons were planning for committing dacoity.
3. Learned counsel for the applicant submits that the applicant is innocentand has been falsely implicated in this case. The applicant is having no criminalrecord. He is in custody since 26.12.2023. Therefore, counsel for the applicantprays that the benefit of grant of bail be given to the applicant and he beenlarged on bail.
4. Learned counsel for the respondent/State opposes the prayer andprays for rejection of the application of the applicant for grant of bail but hasfairly submitted that the applicant is having no criminal record.
5 . Considering the facts and circumstances of the case and rivalsubmissions of the counsel for the parties and looking to the custody period ofthe applicant, I deem it proper to enlarge the applicant on bail. Accordingly, thebail application filed by the applicant is allowed.
6 . The applicant is directed to be released on bail upon furnishing apersonal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) withone solvent surety of the like amount to the satisfaction of the trial Court forhis/her regular appearance before the trial Court during trial with a condition thathe/she shall remain present before the Court concerned during trial and shallalso abide by the conditions enumerated under Section 437(3) of CriminalProcedure Code, 1973.
7. This order shall remain effective till the end of the trial, but in case ofbail jump and breach of any of the pre-condition of bail, it shall becomeineffective and cancelled without reference to this Bench.
8. The M.Cr.C. stands allowed and disposed of.
Certified copy as per rules.
(PREM NARAYAN SINGH)JUDGE