SUKHLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) They are heard. Perused the case diary / challan papers. This is the first bail application filed by the applicant under Sec. 439 of Criminal Procedure Code, 1973, as he/she is implicated in connection with Crime No.137/2023 registered at Police Station Sendhwa Gramin, Barwani (MP) for offence punishable under Ss. 399 & 402 of IPC and Sec. 25(1) of Arms Act. The applicant is in custody since 14/4/2023.

(2.) The allegation against the applicant is of preparation of dacoity. Counsel for the applicant has submitted that as the incident is of 23/3/2023, whereas the applicant has been arrested on 14/4/2023. It is submitted that applicant has been falsely implicated in the case only on the basis of 27 memo at the instance of co-accused Karam Singh, but there is no recovery effected from the present applicant and the final conclusion of trial is likely to take sufficient long time. Therefore, it is prayed that the application be allowed. Counsel for the State has opposed the prayer and it is submitted that no criminal antecedents have been found against the applicant. On due consideration of submissions and on perusal of the case diary, this Court finds it expedient to allow the application.

(3.) Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon 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/her regular appearance before the trial Court during trial with a condition that he / she 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.