MUKESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first bail application filed by the applicant under Sec. 439 of Criminal Procedure Code, 1973 as he is arrested in connection with Crime No.343/2019, registered at Police Station Biora, District Rajgarh (MP) for offence punishable under Ss. 399, 402 of IPC, 1860 and Ss. 25(1)(b) ofArms Act, 1959. Applicant is in jail since 13/3/2023.

(2.) The allegation against the applicant is that of bail jump. Applicant's son submits that his father was already granted bail by trial Court, however, he could not mark his presence on 27/2/2023, thereafter, he was arrested and when he applied for bail application, the same has been rejected. Learned Govt. Advocate for the respondent/State has opposed the prayer.

(3.) On due consideration and on perusal of the documents available on record, it is found that the reasons for the applicant's absence in the trial Court is said to be the death of his uncle Mangilal whose death certificate issued by gram panchayat, Rathodana is also placed on record. Considering the fact that presently the applicant is lodged in jail since 13/3/2023, this Court is inclined to allow the present application. Accordingly, without commenting on the merits of the case, the present application for grant of bail is allowed. The applicant is directed to be released on bail upon his furnishing a personal bond in the sum of Rs.25,000.00 (Rupees Twenty five thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Sec. 437 (3) Criminal Procedure Code, 1973. Certified copy, as per rules.