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Judgment
This is first application filed under Section 439 of Cr.P.C. for grant of bail.
The applicants have been arrested on 08.04.2018 in connection with Crime No.01/2018 registered by Police Station Dharnawada, District Guna for
offences punishable under Sections 336, 337, 395 & 397 of IPC.
It is submitted by the counsel for the applicants that the case of the present applicants is distinguishable from the case of Shyamu whose bail
application has been rejected. Although F.I.R. was lodged against the unknown persons but for the reasons best known to the police, no Test
Identification Parade of the accused has been conducted. No hing has been seized from the possession of the applicants, whe eas from the possession
of Shyamu bloodstained shirt and currency note of Rs.2000/- were recovered. The entire prosecution case is based on confessional statement of the
co-accused, which is not admissible in law. The applicants are in jail from 08.04.2018 and the trial is likely to take sufficienty long time. There is no
possibility of their absconding and tampering with the prosecution case.
Per contra, the application is opposed by the counsel for the respondent/State. It is further submitted by the counsel for the respondent/State that as
per the case diary, the applicant No.1 Sultan Yadav has criminal history and three more criminal cases have been registered against the applicant
No.1 Sultan Yadav. So far as the other applicants are concerned, there is nothing in the case diary to indicate that whether they have criminal
antecedents or not.
Considering the facts and circumstances of the case, period of detention and without commenting on the merits of the case, the application is allowed.
It is directed that the applicants be released on bail on furnishing a personal bond in the sum of Rs.40,000/- (Rs. Forty Thousand Only) each with one
surety of the same amount each to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned
Court.
This order shall remain effective till the end of the trial but in case of bail jump, it shall become ineffective.
Certified copy as per rules.