JASRATH JATAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is 1st bail application under Sec. 439 of Cr.P.C. filed by the applicant for grant of bail. Applicant has been arrested on 3/3/2023 by police Station, Seondha Distt. Datia in connection with crime No.43/2023 for the offence punishable under Ss. 399, 400, 402 of IPC, Ss. 11/13 of the MPDVPK Act and Ss. 25/27 of the Arms Act.

(2.) Prosecution case in brief is that on 3/3/2023 Sub-Inspector, police Station, Seonda, Shri Jitendra Singh Sikarwar got a secret information that some persons armed with weapons near Berchcha Road in the field were planning to commit dacoity at Petrol Pump. He along with force reached there and caught four co-accused Bhupendra Gurjar, Sattu @ Satendra Gurjar, Pulla @ Pulandar Gujar and Jasrath Jatav. They told the name of their accomplice who fled away from the spot as Sanju. Thereafter, applicant Jasrath Yadav has been arrested on 3/3/2023. One sword has been seized from his possession. After investigation, charge-sheet has been filed. Learned counsel for the applicant submits that applicant is innocent and falsely implicated in the case. He is in custody since 3/3/2023. Investigation has been complete and charge-sheet has been filed. He undertakes to cooperate in trial. Conclusion of trial will take time. Co-accused Sanju Gurjar @ Awadh Kishore has been enlarged on bail vide order dtd. 6/4/2023. On such premises, learned counsel for the applicant prayed for bail.

(3.) Learned counsel for the State opposed the application by submitting that applicant has criminal history of 2 cases and prayed for its rejection. Both the Advocates are heard. Case diary perused. Looking to the facts & circumstances of the case, without commenting upon merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes cash surety of Rs.5,000.00 alongwith bail bond of Rs.25,000.00(Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail. He will present during trial before the trial Court on each and every date. In case of default, cash surety of Rs.5,000.00 shall stand forfeited automatically. Application stands allowed and disposed of. Copy of this order be sent to the trial Court concerned for compliance. Certified copy as per rules.