AN ACCUSED IS ENTITLED TO BAIL IF THEY HAVE BEEN IN CUSTODY FOR A CONSIDERABLE PERIOD OF TIME AND HAVE NO PRIOR CONVICTIONS.

ORDER

This is first application under Section 439 of the Cr.P.C. has been filed on behalf of the applicant for grant of bail in connection with FIR/Crime No.05/2024 dated 01.03.2024 registered at Police Station Baraudha, District Satna for the offence punishable under Sections 25/27 of Arms Act and Sections 11 and 13 of Madhya Pradesh Cakaiti and Vyapharan Prabhavit Kshetra Adhiniyam.

2. Learned counsel for the applicant contends that the prosecution is based on the seizure of a country made pistol and a live cartridge as well as empty cartridge of 315 bore. It is contended by the counsel that the applicant has been falsely implicated in the present applicant and the said allegations are concocted. The applicant is in custody since 01.03.2024. Applicant is aged about 27 years and he is breadwinner of his family. If the applicant is kept in custody for an unlimited period, future of his family will be spoiled. Conclusion of trial will take time. Thus, counsel submits that the applicant deserves to be enlarged on bail.

3. Per contra, learned counsel for the respondent has opposed the prayer and submitted that earlier as well three cases were registered against the present applicant under the provisions of Arms Act, under the provisions of Sections 294, 323 of IPC and under the provisions of Sections 33(1) & 41 of Indian Forest Act, therefore, taking into consideration the conduct as well as criminal antecedents of the applicant, the applicant is not entitled to be enlarged on bail.

4. Heard the submissions and perused the case diary. 5. A perusal of the case diary it reflects that there is seizure of aforesaid articles from the applicant and though there is a past criminal record of as many as 3 cases but there is no conviction of the present applicant in the aforesaid cases. The applicant is in custody since 01.03.2024. 6. Therefore, taking into consideration the above facts and the fact that the applicant is in custody since 01.03.2024, without commenting anything on merits of the case, this Court is inclined to direct release of the applicant on bail.

7. It is directed that the applicant-Sonu Garg @ Yogendra Kumar Shukla shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial.

8. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C. 9. Accordingly, this M.Cr.C. stands disposed of. (MANINDER S. BHATTI) (MANINDER S. BHATTI) JUDGE sp