ORDER

Heard. Perused the case diary.This is first application under Section 439 of Cr.P.C. filed by the applicant for grant of bail. The applicant has been implicated in connection with Crime No.420/2023, registered at Police Station – Sendhwa City, Barwani,(M.P.), for offences punishable under Section 188 of IPC and Sections 25(1) (a), 25(1-A) and 25(1-AA) of the Arms Act. The applicant is in custody since31.10.2023.2. Prosecution story in brief is that, on 11.10.2023, after receiving secret information the Police proceeded near boundary wall of Bijasanmata temple, A.B. Road, Sendhwa and it was found that the accused persons Albas @ Arbaj and Asif @ Aavesh @ Ajju, Gufran @ Binan and Mohammad Noman weretraveling in a single motorcycle. Police stopped them. During search, the Police seized a plastic bag containing 1 country made pistol, 6 country made katta of 12 bore, 40 live cartridge, one motorcycle, one aadhar card and Rs.7,000/- from accused Albas @ Arbaj and a plastic bag containing a country made pistol, 5 country made katta of 12 bore, 3 live cartridge and aadhar card from accused Ashif @ Aavesh @ Ajju and a wire bag containing one country made pistol, three country made katta of 12 bore, 4 cartridge and one aadhar card from accused Mohammad Noman and a red bag containing a country made pistol, two country made katta of 12 bore, 3 live cartridge, Rs.5,000/- cash and one aadhar card from accused Gufran @ Binan. Accordingly, a crime was registered against them. During investigation, it was found that the present applicant Surbeen Singh Chawla had supplied the aforesaid arms and ammunition to the accused persons. The present applicant was arrested and iron, cheni, sandesi, pipe and cutter were seized from the possession of the present applicant.

3. Learned counsel for the applicant submits that the applicant has not committed any offence and have falsely been implicated in the case. It is further submitted that items seized from the possession of the present applicant is not covered under manufacturing machinery. It is also submitted that Mohammad Noman and Ashif @ Aavesh @ Ajju are granted bail by this Court vide orderdated 18.01.2024 passed in MCRCs No.56138/2023 and 55831/2023 respectively.

4. It is also submitted that case of prosecution is identical with theaforesaid co-accused persons. He is in custody since 31.10.2023. Investigation 3 is completed and charge-sheet has been filed. Trial will take considerable long time for its disposal. On these grounds, prayer is made to enlarge the applicant on bail.

5. Per contra, learned Government Advocate for the respondent/State opposed the prayer and submitted that case likewise is also pending against the applicant, therefore, applicant is not entitled to be released on bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is of the view that applicant deserves to be enlarged on bail. Hence, without commenting on the merits of the case, these application is allowed.

7. It is directed that the applicant be released on bail on his furnishing a 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 for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicants shall comply withthe provisions of Section 437(3) Cr.P.C.

8. This order shall remain effective till the end of the trial, but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.

9. The M.Cr.C. stands allowed and disposed of. Certified Copy as per rules.

(PRAKASH CHANDRA GUPTA) JUDGE Shruti