NEELAM Vs. STATE OF MP.

JUDGEMENT

(1.) THIS is first bail application under section 439 of CrPC by the applicant, who has been arrested and in custody in connection with Crime No. 140/ 2004 registered by Police Station Dharnabada, District Guna, for committing offence under section 399, 400, 402 of IPC. It is stated that the applicant along with co-accused had assembled and was making preparation to commit dacoity. It is stated that when the Police party reached on the spot, then the applicant ran away from the spot. But the contention of his learned counsel is that the applicant has been falsely implicated and that the applicant is neither a member of any gang of dacoit nor was present on the spot and that this is the only case registered against him and he has no criminal history. Nothing has been seized from the present applicant. It is also stated that co-accused Baba, Nainsingh and Kailsingh were tried in the Court and they have been acquitted in this case. A photocopy of the judgment dated 30.7.2005 passed in S.T. No. 206/2004 is filed. The trial and disposal of the case of the present applicant is likely to take time.

(2.) CONSIDERING the above facts, but without expressing any opinion on the merits of the case, application is allowed. It is directed that the applicant be released on bail on his furnishing personal bond in the sum of Rs. 25,000/- (Rupees twenty five thousands only) with one solvent surety in the like amount to the satisfaction of the trial Court.