ORDER

1. Heard. Perused the case diary.

2. Since both these applications are arising out of the same crime number, therefore, they are heard together and decided by this common order.

3. These are first applications under Section 439 of Cr.P.C. filed by the applicants for grant of bail. The applicants have 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), 25(1-AA) of the Arms Act. The applicants ares in custody since 11.10.2023. 4. 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 were traveling 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 co- accused Surbeen Singh Chawla had supplied the aforesaid arms and ammunition to the accused persons.

5. Learned counsel for the applicants submits that the applicants have not committed any offence and have falsely been implicated in the case. It is also submitted on behalf of applicant Mohammad Noman that his original residence is Kabeerganj, District Dhulia (Maharashtra) and he had come at his matrimonial aunt's home situated at village Sendhwa. It is also submitted that on 09.10.2023, at 10.30 p.m., when the applicant was present in the aunt's house then Police came there and after arresting the applicant took him at Police Station Sendhwa thereafter showing false seizure a false case has been lodged against him. Applicant Mohammad Noman has no criminal past. He is in custody since 11.10.2023. Learned counsel for the Ashif @ Aavesh @ Ajju has submitted that he is in custody since 11.10.2023. He has no criminal antecedents likewise this offence. Trial will take considerable long time for its disposal. On these grounds prayer is made to enlarge the applicants on bail.

6. Per contra, learned Government Advocate for the respondent/State opposed the prayer and submitted that applicant Ashif @ Aavesh @ Ajju has criminal antecedents and two criminal cases punishable under the IPC are registered against him. It is also submitted that the offence is serious in nature, therefore, applicants are not entitled to be released on bail.

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

8. It is directed that the applicants be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the trial court for securing their 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 with the provisions of Section 437(3) Cr.P.C.

9. This order shall remain effective till the end of the trial, but in case of bail jump and breach of any