GANESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first bail application under Section 439 of the Criminal Procedure Code, 1973. The applicant is in judicial custody since 23.06.2020 in connection with Crime No.174/2020 registered at P.S., Bhagwanpura, District Khargone, for offence punishable under Section 25(1)(A) and 21 of the Arms Act.

(2.) As per prosecution story, on information received, co-accused Mitalal and Jagat were arrested as they were found in possession of 36 pistols, 6 twelve bore handmade Katta and 5 cartridges. During investigation, in their statement recorded under Section 27 of the Evidence Act, they revealed the name of present applicant - Ganesh and co-accused Mukesh having purchased 12 bore Katta each. Besides, one co-accused Vinay Verma was also found in complacency alongwith main accused Mitalal in the matter of unauthorized manufacture and sale of fire arms illegally. Accordingly, the case has been registered.

(3.) At the outset learned counsel for the applicant submits that he seeks parity with Mukesh who has been enlarged on bail vide order dated 13.10.2020 passed in MCRC No.36959/2020. It is further submitted that the investigation is complete and the challan has been filed.