KRIPALSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Applicant has filed this bail application under Sec. 439 of the Code of Criminal Procedure, 1973. He is in Jail since 30/01/2021 in connection with Crime No. 30/2021 registered at P.S Balakwada Distt. Khargone (M.P.) for commission of offence punishable under Ss. 25/27 of Arms Act.

(2.) As per prosecution story, on 13/1/2020, police has received secret information regarding some unknown persons having arms. Acting upon the said information, police reached the spot, intercepted motorcycles bearing registration numbers MP 46 MK 0131 and MP 10 ND 1280 and searched the accused persons and recovered seven country made pistols and two live rounds from Gurupreet Singh, two pistols from Kripal Singh (present applicant) two pistols from Ritu alias Ritendra Singh and four pistols from bag in the hands of Jagdish alias Jaggu. Accordingly offence has been registered against the present applicant and other co-accused persons.

(3.) Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. No further custodial investigation is required. There is no prima facie evidence against him. Investigation is over and charge-sheet has been filed, but final conclusion of trial will take sufficiently long time. Applicant is in custody since 30/01/2021. He is a permanent resident of District Khargone. Co-caused Sunil has already been enlarged on bail by this Court vide order dtd. 25/10/2021 passed in MCRC no. 386462021 and co-accused Ritu has been enlarged on bail by this Court by order dtd. 13/1/2022 passed in M.Cr.C. No. 58402/21, therefore, on the ground of parity, present applicant deserves for grant of bail.