High CourtsSingle Bench(2021) 03 MP CK 0078

Vakil Khan vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 15 March 2021

HON’BLE JUDGES
G.S. Ahluwalia, J
RESULT
Allowed
CASE NUMBER
Miscellaneous Petition No. 13907 Of 2021

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Judgment

9 paragraphs · 274 words

G.S. Ahluwalia, J

This is first application filed under Section 439 of Cr.P.C. for grant of bail.

The applicant has been arrested on 10.02.2021 in connection with Crime No.69/2021 registered by Police Station Jaura, District Morena for offence punishable under Sections 399, 400, 402 of IPC, 25/27 of Arms Act and 11/13 of MPDVPK Act.

It is submitted by the counsel for the applicant that according to the prosecution case the applicant has assembled along with other co-accused for making preparation of committing dacoity. Applicant has been falsely implicated. Recovery of Lathi has been falsely shown. Applicant is in jail for the last one month. Applicant has no criminal history. Trial is likely to take sufficiently long time. There is no possibility of his absconding or tampering with the prosecution case.

Per contra, the application is opposed by the counsel for the respondent/State. However, after going through the case diary, it is fairly conceded by Shri Shrivastava that the applicant has no criminal history.

Heard the learned counsel for the parties.

Considering the period of detention and without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/ (Rs. One Lac Only) with one surety in the like amount 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.

The conditions as enumerated under Section 439 of Cr.P.C would be applicable.