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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Deepak Kumar Agarwal, J.
Jasrath Jatav – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 14580 of 2023
Decided On : 10-04-2023
Bail Application - Offence under IPC and Arms Act - The court allowed the bail application based on the facts and circumstances of the case, ordering the release of the applicant on bail upon furnishing cash surety and bail bond with a solvent surety.
Fact of the Case:
The applicant filed a bail application under Section 439 of Cr.P.C. for the offence punishable under Sections 399, 400, 402 of IPC, Sections 11/13 of the MPDVPK Act and Sections 25/27 of the Arms Act. The prosecution alleged that the applicant was involved in planning to commit dacoity at a Petrol Pump and was arrested with a seized sword.
Finding of the Court:
The court, without commenting upon the merits of the case, allowed the bail application considering the completion of investigation, the charge-sheet being filed, and the undertaking of the applicant to cooperate in the trial. The court ordered the release of the applicant on bail upon fulfilling certain conditions.
Issues: The main issue was whether the applicant should be granted bail despite the opposition from the State citing the applicant's criminal history.
Ratio Decidendi: The court considered the completion of investigation, the filing of the charge-sheet, and the undertaking of the applicant to cooperate in the trial as key factors in allowing the bail application.
Final Decision: The court allowed the bail application and ordered the release of the applicant on bail upon fulfilling certain conditions.
JUDGMENT
Deepak Kumar Agarwal, J. - This is 1st bail application under Section 439 of Cr.P.C. filed by the applicant for grant of bail.
2. Applicant has been arrested on 3.3.2023 by police Station, Seondha Distt. Datia in connection with crime No.43/2023 for the offence punishable under Sections 399, 400, 402 of IPC, Sections 11/13 of the MPDVPK Act and Sections 25/27 of the Arms Act.
3. Prosecution case in brief is that on 3.3.2023 Sub-Inspector, police Station, Seonda, Shri Jitendra Singh Sikarwar got a secret information that some persons armed with weapons near Berchcha Road in the field were planning to commit dacoity at Petrol Pump. He along with force reached there and caught four co-accused Bhupendra Gurjar, Sattu @ Satendra Gurjar, Pulla @ Pulandar Gujar and Jasrath Jatav. They told the name of their accomplice who fled away from the spot as Sanju. Thereafter, applicant Jasrath Yadav has been arrested on 3.3.2023. One sword has been seized from his possession. After investigation, charge-sheet has been filed.
4. Learned counsel for the applicant submits that applicant is innocent and falsely implicated in the case. He is in custody since 3.3.2023. Investigation has been complete and charge-sheet has been filed. He undertakes to cooperate in trial. Conclusion of trial will take time. Co-accused Sanju Gurjar @ Awadh Kishore has been enlarged on bail vide order dated 6.04.2023. On such premises, learned counsel for the applicant prayed for bail.
5. Learned counsel for the State opposed the application by submitting that applicant has criminal history of 2 cases and prayed for its rejection.
6. Both the Advocates are heard. Case diary perused.
7. Looking to the facts & circumstances of the case, without commenting upon merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes cash surety of Rs.5,000/- alongwith bail bond of Rs.25,000/-(Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.
8. He will present during trial before the trial Court on each and every date.
9. In case of default, cash surety of Rs. 5,000/- shall stand forfeited automatically.
10. Application stands allowed and disposed of.
11. Copy of this order be sent to the trial Court concerned for compliance.
12. Certified copy as per rules.
The completion of investigation, filing of charge-sheet, and the undertaking of the applicant to cooperate in the trial are key factors in considering a bail application.
The court's decision to grant bail was based on the assessment of the facts and circumstances of the case, without commenting on the merits of the case.
Granting bail under Section 439 Cr.P.C based on the facts and circumstances of the case and the willingness of the applicant to cooperate in trial.
The court may grant bail considering the circumstances and length of custody without commenting on the merits of the case.
The court's decision to grant bail was based on the facts and circumstances of the case, emphasizing the need for the applicant to cooperate in trial and appear before the trial court on each date.
The court may grant bail considering the length of custody and the likelihood of a prolonged trial, without commenting on the merits of the case.
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