Madhya Pradesh High Court
MCRC/3831/2024 of PALLU 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. 3831 of 2024
BETWEEN:-
PALLU S/O TETLIYA ALIAS LALSINGH BHABOR, AGEDABOUT 21 YEARS, OCCUPATION: FARMER GRAMDEMBERBADI TEHSIL JHABUA (MADHYA PRADESH)
.....APPLICANT
(YASHRAJ GUPTA, LEARNED COUNSEL FOR THE PETITIONER .
)
AND
THE STATE OF MADHYA PRADESH STATION HOUSEOFFICER THOUGH P.S. KALYANPURA (MADHYAPRADESH)
.....RESPONDENTS
( SAMEER VERMA PL APPEARING ON BEHALF OF ADVOCATEGENERAL.
)
This application coming on for admission this day, the court passed the following:
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ORDER
Heard and perused the record.
2. This is first bail application filed under Section 439 of the Code ofCriminal Procedure, 1973 for grant of bail on behalf of applicant has beenarrested in relation to F.I.R./Crime No.540/2023 dated (not mentioned),registered at Police Station-Kalyanpura, District-Ratlam(M.P.) for the offenceunder Sections 25(A) and 27 of Arms Act, 1959. Applicant is in custody since24.10.2023.
3 . A s per the prosecution story, on source information, the Policeallegedly recovered one country made pistol and one live cartridge from thepossession of the applicant.
4. Learned counsel for the applicant submitted that applicant is aninnocent and has been falsely implicated in the present crime. The applicant isin custody since 24.10.2023 and final conclusion of trial will take considerablelong time. Under these circumstances, counsel prays for grant of bail to theapplicant.
5. On the other hand, learned counsel for the State has opposed the prayer.
6. After hearing learned counsel for the parties and looking to the factsand circumstances of the case, I am of the view that it is a case, in whichapplicant may be released on bail. Consequently without commenting on themerits of the case, first bail application under Section 439 of the Code ofCriminal Procedure for grant of bail filed on behalf of applicant, standsallowed.
7 I t is directed that applicantbe released on bail 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 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.
8. This order shall be effective till the end of the trial. However, in case ofbail jump and breach of any of the conditions of bail, it shall becomeineffective.
VD
Certified copy as per rules.
(PREM NARAYAN SINGH)JUDGE