DHARM SINGH YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application filed by the applicant under Sec. 439 of the Cr.P.C. for grant of bail relating to FIR No.473 of 2023 registered at Police Station City Kotwali, District Bhind (M.P.) for the offence under Ss. 25 (1-A) and 27 of Arms Act. Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. He is in custody since 28/10/2023. Since recovery has already been made, therefore, there is no requirement of further custodial interrogation of the applicant. It is further argued that offene is triable by JMFC and trial is likely to take long time to conclude. Applicant is the permanent resident of District Bhind (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence. On these grounds, he prays for grant of bail to the applicant. Per contra, learned counsel for the State vehemently opposed the bail application citing the criminal history of the applicant and prayed for its dismissal.

(2.) Heard learned counsel for the rival parties and perused the case diary available on record. Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000.00 (Rupees One Lakh only) with one solvent surety in the like amount to the satisfaction of the trial Court/committal Court.

(3.) This order will remain operative subject to compliance of the following conditions by the applicant:-