L. C. BADHOO, J. HEARD., J. ( 1 ) THE accused/applicant Chhotelal alias Tamatar has preferred this application under Section 439 of the Cr. P. C. for his release on bail in connection with the offence registered in Police Station Jamul, District-Durg at Crime No. 263/2003 under Sections 399 and 402 of the I. P. C. and Sections 25 and 27 of the Arms Act. ( 2 ) THE case of the prosecution is that on 26th October 2003 at about 4. 00 p. m. the S. H. O. Police Station Jamul Rakesh Bhatt received a credible information that few persons are making preparation to commit dacoity. On receiving this information he alongwith staff proceeded towards the site i. e. near Water Tank, Housing Board, Jamul where the present accused/applicant alongwith five other accused persons were sitting; and as per the prosecution case Head Constable Lokeshwer overhead their talks in which they were talking after the sun set in the darkness of the night they will commit dacoity in the R. K. Industries. After hearing this conversation the police party reached to the scene and they arrested all the accused persons. A sword was recovered from the present accused/applicant, one iron farsha was recovered from Santosh, an iron knife was recovered from Raju, an iron rod was recovered from Jhankar Babloo and bamboos were recovered from Ravi Kumar and Abhimanu, they were an-ested for the aforesaid offence and after investigation the charge sheet has been filed. I have heard learned Counsel for the parties. ( 3 ) LEARNED Counsel for the accused/applicant submits that in this case Shri Rakesh Bhatt, S. H. O. received information, he lodged complaint and also investigated the matter. He further argued that the accused/applicant is a poor labourer and he has been falsely implicated in the crime. Moreover he is in custody since 26/10/2003 and so far the charge has not been framed and the trial is likely to take time. ( 4 ) ON the other hand learned Penal Lawyer opposed the bail application and argued that all the accused persons were caught redhanded with weapons of the offence therefore looking to the seriousness of the crime bail application be rejected. ( 5 ) I have perused the case diary and the charge sheet. ( 4 ) ON the other hand learned Penal Lawyer opposed the bail application and argued that all the accused persons were caught redhanded with weapons of the offence therefore looking to the seriousness of the crime bail application be rejected. ( 5 ) I have perused the case diary and the charge sheet. As per the prosecution case the accused persons were talking and preparing to commit dacoity in the R. K. Industries but during the investigation it has not been ascertained as to whether any R. K. Industries is existing and whether they were in fact planning to commit dacoity in R. K. Industries. Moreover the applicant is in custody since 26/10/2003. Therefore, looking to these facts, I am of the opinion that it is a fit case in which, the accused/applicant should be released on bail. Therefore, the application is allowed and the accused/applicant is directed to be released on bail, on his furnishing a personal bond in a sum of Rs. 10,000. 00 with two sureties in the like sum to the satisfaction of the trial Court concerned for his appearance before the said Court on 21st June, 2004. Thereafter he shall continue to appear before the trial Court on all the dates as may be given to him by the said Court. Certified copy as per rules. Application allowed. --- *** --- .