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IN THE HIGH COURT OF MADHYA PRADESH
Vishal Dhagat, J.
Ruchir Jain – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 57885 of 2022
Decided On : 08-12-2022
Bail Application - Offences under IPC, Explosive Substances Act, and Railways Act - The court allowed the bail application considering the minor nature of the offences and the fact that other co-accused persons had been enlarged on bail. The court also noted that the explosion was caused for mining and since the seller and purchaser were licensed, Section 3 of Explosive Substances Act would not be attracted.
Fact of the Case:
The applicant filed a bail application under Section 439 of Cr.P.C. for offences punishable under Sections 307, 286, 427 and 34 of Indian Penal Code, Section 3 of Explosive Substances Act and Section 150 of Railways Act. The applicant had 3 criminal antecedents and was in jail since 02.11.2022.
Finding of the Court:
The court allowed the bail application, considering the minor nature of the offences and the fact that other co-accused persons had been enlarged on bail. The court directed the applicant to mark his presence before the Police Station on the first of every month till completion of trial and to furnish a personal bond of Rs.50,000 with one solvent surety.
Issues: Bail application for offences under IPC, Explosive Substances Act, and Railways Act.
Ratio Decidendi: The court considered the minor nature of the offences, the fact that other co-accused persons had been enlarged on bail, and the circumstances of the explosion being caused for mining with licensed individuals involved.
Final Decision: The bail application filed by the applicant was allowed on the mentioned conditions.
JUDGMENT
Vishal Dhagat, J. - This is first bail application filed under Section 439 of Cr.P.C. on behalf of applicant, who is in jail since 02.11.2022 in connection with Crime No.302/2022, registered at Police Station Khajuraho, District Chhatarpur for the offence punishable under Sections 307, 286, 427 and 34 of Indian Penal Code, Section 3 of Explosive Substances Act and Section 150 of Railways Act.
2. Learned Senior Counsel appearing for applicant submitted that applicant is arrested by police on 02.11.2022. It is submitted that co-accused in the case has already been enlarged on bail. Case of applicant is similar to that of co- accused person. In these circumstances, applicant may be enlarged on bail. Learned Government Advocate appearing for the State opposed the
3. application and submitted that applicant is having 3 criminal antecedents. Offences are of year 2022. In these circumstances, applicant may not be released on bail.
4. Heard the counsel for the parties.
5. Earlier offences said to have been committed by applicant are punishable upto 7 years imprisonment. Offences are minor in nature. In this case, other co-accused persons has been enlarged on bail as explosion was caused for mining and since seller and purchaser were having license to do the work, Section 3 of Explosive Substances Act will not be attracted in the case.
6. Considering the aforesaid circumstances, bail application filed by the applicant is allowed on condition that applicant will mark his presence before Police Station Khajuraho, District Chhatarpur on first of every month till completion of trial.
7. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial court.
8. In addition to aforesaid condition, the applicant shall abide by the conditions enumerated in Section 437(3) of Cr.P.C.
Certified copy as per rules.
The main legal point established in the judgment is the application of the principle of parity in granting bail to the petitioner, despite the serious nature of the offences, and the imposition of st....
The court may grant bail considering the accused's first offender status, the filing of the charge sheet, and the likelihood of a prolonged trial.
The court determines eligibility for bail based on sufficient grounds for continued detention under explosive-related charges.
Bail granted to accused lacking direct possession evidence and with near-complete investigation under explosives laws.
Bail granted despite serious charges as ongoing investigation shows no strong evidence against applicant.
An accused may be granted bail if continued detention is not warranted, despite serious charges, if no substantial evidence exists.
Pre-arrest bail may be granted when the essential ingredients of the alleged offence under the Explosive Substances Act, 1908, are not prima facie established, the recovery is complete, and the appli....
Bail granted considering detention period, investigation stage, and parity despite unlawful explosive possession.
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