MCRC/64628/2021 of DASHRATHSINGH Vs THE STATE OF MADHYA PRADESH on 30 December 2021

Arguments

The High Court of Madhya Pradesh : Bench at Indore Indore:30.12.2021

Ms. Archana Maheshwari, learned counsel for theapplicant.

Shri Viraj Godha, learned Panel Lawyer for the non-applicant/State.

Arguments heard.

Case diary perused.

This is first application under section 439 of Cr.P.C. forgrant of bail on behalf of the applicant, who is in custody since23/12/2021 in connection with Crime No.383/2021, registeredat Police Station – Jharda, District - Ujjain(M.P.), for the offencepunishable under Sections 25 & 27 of the Arms Act.

According to the prosecution case, the allegation againstthe present applicant is that during patrolling, a Pistol has beenrecovered from the possession of the present applicant.

Learned counsel for the applicant submits that theapplicant is innocent and has been falsely implicated in thiscase. Investigation is over and charge-sheet has been filed. Hehas no criminal past. There is no legal or admissible evidenceagainst the present applicant. The offence is triable by JudicialMagistrate First Class. The applicant is in custody since23/12/2021. The conclusion of trial will take sufficient time. Onthe aforesaid grounds, prayer is made to release the applicanton bail.

Learned Panel Lawyer has opposed the application andprayed for its rejection.

Looking to the facts and circumstances of the case, on aperusal of the material available on record including the casediary, without commenting on the merits of the case, thisapplication is allowed.

The High Court of Madhya Pradesh : Bench at Indore M.Cr.C. No.64628/2021(Dashrath Singh Vs. State of M.P.)

It is directed that the applicant/accused be released onbail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial court for securing hispresence before the said Court on all the dates of hearing fixedin this regard during trial.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow thedirections/guidelines issued by the Government with regard to'COVID-19' before releasing the applicant.

This order shall remain effective till the end of the trial butin case of bail jump and breach of any of the pre-condition ofbail, it shall become ineffective and cancelled without referenceto this Bench.

Certified Copy as per rules.

(Rajendra Kumar (Verma)) Vacation Judge

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PREETHA NAIR

Digitally signed by PREETHA NAIR

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=JUDICIAL, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=5431da3716f911ecd1cb3fc6dc91ea2cacec60259cb241b9aou=JUDICIAL, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=5431da3716f911ecd1cb3fc6dc91ea2cacec60259cb241b9a d42416f404bb303, pseudonym=BEA9A029360DBE02FDC86E8557A519B70B35E1A7, serialNumber=0EC5BE08895BA17A6074239F753A38DE8188C5E65085178B87CD8C85BA5B87CC, cn=PREETHA NAIR Date: 2021.12.30 17:25:01 +05'30'serialNumber=0EC5BE08895BA17A6074239F753A38DE8188C5E65085178B87CD8C85BA5B87CC, cn=PREETHA NAIR Date: 2021.12.30 17:25:01 +05'30'