Bharat Dwivedi vs State Of Madhya Pradesh

Sanjay Dwivedi, J

This first bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant for grant of bail in connection with Crime No.44/2021 registered at Police Station Lavkush Nagar, District Chhatarpur for the offence punishable under Section 25/27 of the Arms Act. Learned counsel for the applicant submits that the applicant is in jail since 20.02.2021. She further submits that no case for the offence under Section 27 of the Arms Act is made out against the applicant. The applicant is an agriculturist and has been falsely implicated in the respective offence. She also submits that although other cases have been registered against the applicant but in none of the cases he has been convicted so far. She also submits that considering the custody period of the applicant, he may be released on bail.

Ms Tiwari appearing for the respondent/State on the other hand has opposed the bail application and submits that considering the past criminal antecedents of the applicant, he is not entitled to be released on bail. Considering the overall circumstances, taking note of the taking note of the custody period, without commenting anything on the merits of the case, I am inclined to consider and allow this bail application. Accordingly, the same is hereby allowed.

It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court.

I t is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.

Certified copy as per rules.