The court granted bail based on the lack of direct evidence against the applicant and the prolonged duration of custody, emphasizing the need for fair trial considerations.

This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail relating to Crime No. 695/2023 registered at Police Station Kukshi, District Dhar (M.P.) for the offence under Sections 25(1)(A) , 25(1- AA ) of Arms Act .

2 As per prosecution story, on 8.10.2023 police got discrete information from the informant that a miscreant persons is standing nearby the Bypass Tiraha having country-made liquor pistols for the purpose of selling.

Acting upon said information police reached on the spot and intercepted the co- accused. During search two country made pistols have been recovered from the possession of the co-accused and on the basis of memorandum statement of the co-accused person the applicant has been implicated in this offence.

3 Learned counsel for the applicant submits that the applicant is an innocent person and he has been falsely implicated in this offence. He is in custody since 9.8.2023, investigation is over and charge sheet has been filed, co-accused Ravi has been enlarged on bail vide order dated 22.12.2023 passed in M.Cr.C. No. 55819/2023, no weapon has been recovered from possession of applicant, he has been enlarged on bail in two other offences by order of the coordinate bench of this Court. Offence is traible by JMFC, applicant is permanent resident of Dhar district. Final conclusion of the trial is likely to take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

4 Per contra, learned counsel for the respondent / State opposes the bail application and prays for its rejection by submitting that 38 criminal cases have been registered against the applicant, he is a habitual offender and therefore, he does not deserve for bail.

5 Perused the impugned order of the trial Court as well as the case diary.

and gravity of offence, arguments advanced by the learned counsel for the applicant and also taking note of the fact that the present applicant has been implicated in this offence only on the basis of memorandum statement of co- accused person, but no weapon has been recovered from his possession, he has already suffered jail incarceration of more than 9 months, offence is triable by JMFC, and final conclusion of the trial will take sufficient long time. In these circumstances, I deem it proper to release the applicant on bail. Therefore, without commenting on the merits of the case, the application is allowed.

7 It is directed that applicant be released on bail on his furnishing personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by all the conditions enumerated under Section 437 (3) Cr.P.C . Certified copy as per rules.