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Judgment
Vivek Rusia, J
This is 3rd repeat application filed under section 439 Cr.P.C seeking bail in connection with crime no.32/2021 registered at police station Raipuriya, district Jhabua for the offence punishable u/s 302 IPC & u/s 29 of the Arms Act.
As per prosecution case, the co-accused Somji @ Homji who is brother-in-law of applicant Saliya fired a gun shot from a licensed gun of the applicant in a marriage ceremony which hit on Taru Bhuriya and he lost his life. Co-accused Somji @ Homji in his statement recorded under section 27 of the Evidence Act admitted that he procured this gun from his brother-in-law with two cartridges. On the basis of which a case was registered against the applicant for the offence u/s 302 IPC & u/s 29 of the Arms Act.
Learned counsel for the applicant submits that prosecution has examined as many as 9 witnesses and no one has supported the case of the prosecution. The charge against the applicant is under section 29 of the Arms Act in which the maximum punishment is 3 years RI. The applicant is in custody since 22.1.2021. He has no criminal antecedents. He has been implicated as he is the license holder of the gun from which Somji @ Homji has fired, hence prays for release of the applicant on bail.
Learned GA opposes the bail application.
Whether the applicant has given his gun to Homji or Homji himself has taken his gun without the permission of the applicant is a matter of evidence in trial.
Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, without commenting on the merits of the case, the application is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand) with one solvent surety of 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 Court concerned during trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.
Before releasing the applicant from the custody the jail authorities are directed to medically examine him in order to rule out the possibility of Covid-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.
C.c as per rules.