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Judgment
Dinesh Kumar Paliwal, J
This second bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant for grant of regular bail in relation to FIR No.321/2023 dated 01.12.2023 registered at Police Station Majhgawan, District Satna (M.P.) for commission of offence under Sections 457, 380 of IPC, Sections 25, 27 of Arms Act, 1959 (Amended 2019) and Sections 11 and 13 of Madhya Pradesh Dakaiti Aur Vyapaharan Prabhavit Kshetra Adhiniyam, 1981. Applicant is in detention since 01.12.2023.
Applicant's first bail application was dismissed as withdrawn and not pressed vide order dated 23.01.2024 passed in M.Cr.C. No.57158/2023.
As per the prosecution story, present applicant alongwith one Prabhat Singh Shrivas stole two Buffaloes worth Rs.4,00,000/- (Four lakhs). F.I.R was registered. One country made revolver and two live cartridges were seized from the possession of the applicant and one vehicle was seized from the possession of Prabhat Singh Shrivas who is registered owner of vehicle which was used in transportation of stolen buffaloes.
Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. No fire arms were seized from the possession of the applicant. He is the first offender. Similarly situated co-accused Prabhat Singh Shrivas, Rohit Shrivas and Kamlesh Shrivas have already been released on bail. His case is identical to that of co-accused. Therefore, it is prayed that applicant may be released on bail.
On the other hand, learned counsel for the State has opposed prayer for grant of bail.
In this case, after investigation, charge-sheet has already been filed. Applicant is the first offender. Similarly situated co-accused Prabhat Singh Shrivas, Rohit Shrivas and Kamlesh Shrivas have already been released on bail. Case of the applicant is identical to that of co-accused. Final conclusion of the trial will take considerable time. Therefore, having taken into consideration all the facts and circumstances of the case, but without expressing any opinion on the merits of the case, I am of the view that it is a case in which further pre-trial detention of the applicant is not warranted. Consequently, this second bail application under Section 439 of Cr.P.C. filed on behalf of applicant, stands allowed.
It is directed that applicant - Mohammad Rajjak Sheikh Mansoori be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.
This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.