(1.) The applicant has filed this First application u/S 439, Cr.P.C. for grant of bail.
(2.) The applicant has been arrested on 20/04/2023 by Police Station Indargarh, District Datia in connection with Crime No. 174 of 2023 registered for the offence punishable under Ss. 399, 400 and 402 of IPC, Sec. 11/13 of MPDVPK Act and Sec. 25/27, 25(b) of the Arms Act. Allegations against the applicant/accused, is that he alongwith co-accused persons were planning to commit dacoity.
(3.) Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated. The applicant is in custody since 20/04/2023. After conclusion of investigation, charge sheet has been filed and therefore, further custodial interrogation of the applicant may not be required. It is further argued that the co-accused namely Chandrashekhar @ Chandu Jatav has already been granted bail by this Court vide order dtd. 12/05/2023 passed in M.Cr.C. No.19868 of 2023 and the case of present applicant is similar to co-accused. Hence, seeks parity and prays for grant of bail to the applicant. On the other hand, learned State counsel vehemently opposed the application and prayed for its rejection. It is submitted that the applicant has a criminal history.