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Judgment
Sheel Nagu, J
This is the first application filed u/S.439 Cr.P.C. by applicant for grant of bail.
The applicant has been arrested on 03/02/2020 by Police Station-Dehat District Bhind (M.P.) in connection with Crime No.102/2019 registered in
relation to the offences punishable u/Ss.457, 380, 411 of IPC and u/S.25(1-A), 26(2-A) of Arms Act.
Learned counsel for State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material
available on record, no case for grant of bail is made out.
House trespass and theft in dwelling house along with offences punishable under the Arms Act are alleged against the applicant who is in custody
since 03/02/2020. The incident relates to sensational event of theft of weapons from the Malkhana Section of District Court, Bhind.
Though petitioner has been arrested based on confessional statement of co-accused u/S.27 of Evidence Act but the same has led to recovery of
incriminating firearm which was stolen from the Malkhana.
In view of above, it would be appropriate to allow the prosecution to examine the main prosecution witnesses before the prayer for bail is considered.
With the aforesaid liberty the present bail application stands dismissed.