Suraj @ Nana @ Dileep vs The State Of Madhya Pradesh
2023 Latest Caselaw 22688 MP

Madhya Pradesh High Court

Suraj @ Nana @ Dileep vs The State Of Madhya Pradesh on 28 December, 2023

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                                                              1
                            IN      THE       HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                               ON THE 28 th OF DECEMBER, 2023
                                            MISC. CRIMINAL CASE No. 56555 of 2023

                           BETWEEN:-
                           SURAJ @ NANA @ DILEEP S/O SUKHLAL, AGED 25
                           YEARS, CAST BHIL, OCCUPATION: LABOR R/O IDGAH
                           MOHALLA DISTT. BARWANI (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI ANOPAM CHOUHAN - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION BARWANI DIST. BARWANI (MADHYA
                           PRADESH)

                                                                                        .....RESPONDENT
                           ( BY SHRI MUKESH PARWAL - GOVERNMENT ADVOCATE)

                                  This application coming on for admission this day, the court passed the
                           following:
                                                               ORDER

Case diary is available.

2. This first application under Section 439 of Cr.P.C. has been filed for grant of bail.

3. Applicant has been arrested on 21.8.2023 in connection with Crime No. 707/2023 registered by Police Station Barwani District Barwani for offences punishable under Sections 25(1) of the Arms Act.

4. It is submitted by counsel for applicant that according to prosecution case one country-made pistol with one live cartridge has been seized from

possession of the applicant. He has been falsely implicated. The applicant is in

jail for last more than four months. Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.

5. Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that the applicant has a criminal history and seven more cases have been registered against him, but none of the offence was registered under the Arms Act.

6. Considering the allegations made against the applicant, as well as the period of detention, this Court is of the considered opinion that application for grant of bail can be allowed.

7. Accordingly, it is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees 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.

8. This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.

9. In the light of the judgment passed by the Supreme Court in the case o f Aparna Bhat and others Vs. State of M.P. passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.

10. The application succeeds and allowed.

(G.S. AHLUWALIA) V. JUDGE BDJ