Amol Tiwari vs The State Of Madhya Pradesh
2022 Latest Caselaw 1300 MP

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                 THE HIGH COURT OF MADHYA PRADESH
                                M.Cr.C. No.63338/2021
                         (Amol Tiwari vs. The State of Madhya Pradesh)

Jabalpur, Dated 28.01.2022

          Heard through video conferencing.
          Shri Pushpendra Ku. Verma, counsel for the petitioner.
          Shri     Shailesh       Khampariya,         learned     Panel    Lawyer        for
respondent/State.
                                        ORDER

Crime No. Under Section Police Station Date of Arrest 16/2020 25, 27, 25(2) of Jamodi District Sidhi 09.01.2020 Arms Act (M.P.)

As declared by the petitioner, this is the second bail application under Section 439 of Cr.P.C. for grant of regular bail. The first application was dismissed as withdrawn vide order dated 26.04.2021 passed in M.Cr.C. No.21036/2021.

2- The allegation against the petitioner is that he was found in possession of illegal firearm and two cartridges, along with the co-accused Abhishek from whose possession also police recovered knife. 3- The petitioner is in jail since 09.01.2020. He was having following criminal record-

S. No. Crime Under Sections Police Station No.

     1           298/19      379, 201 of IPC                       Jamodi, Sidhi

     2.          310/19      307, 34, of IPC & 25, 27 of the Arms Jamodi, Sidhi
                             Act

     3.          05/20       294, 323, 506, 324, 34, of IPC & 25, Jamodi, Sidhi
                             27 of the Arms Act


4-        Learned counsel submitted that in Crime No.310/2019 and 5/20 he

has been acquitted. He has filed judgment dated 11.10.2021 delivered by 3 rd Additional Sessions Judge to the Court of 1st Addition Sessions Judge Sidhi, in S.T. No.76/2020. He also submitted that he has filed judgment of Crime No.5/20 with some interim application dated 17.01.2022 but the

same is not available on record; however, he demonstrated judgment dated 13.08.2021 passed in S.T. No.236/2020 by Judicial Magistrate First Class, Sidhi. He also submitted that Crime No.298/19 is pending since the co-

accused is absconding in that. Lastly, referring to the statement of the witnesses recorded in the present case he submitted that independent witnesses have not supported the case of the prosecution and there is no possibility of early conclusion of the trial as co-accused Abhishek who was granted bail, is absconding.

5- Having regard to the aforesaid facts and circumstances of the case coupled with the period of custody and ignoring the objection of the prosecution, I deem it appropriate to enlarge the petitioner on bail. Therefore, without commenting on the merits of the case, the application is allowed.

6- It is directed that the petitioner-Amol Tiwari be released from

custody on their furnishing a personal bond in the sum of Rs.30,000/-

(Rupees Thirty Thousand Only) with one solvent surety to the satisfaction

of the Trial Court for his appearance before the Trial Court as and when

required further subject to the following conditions:-

(i) The petitioner shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial.;

(ii) The petitioner shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade him from disclosing truth before the Court;

(iii) The petitioner shall not commit any offence or involve in any criminal activity;

(iv) In case of his involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be cancelled.

(Virender Singh) JUDGE Loretta Digitally signed by MRS. LORETTA RAJ Date: 2022.01.31 10:00:26 +05'30'