Jitendra @ Kallu Kushwaha v. State Of Madhya Pradesh
2020-10-07
ANJULI PALO
body2020
DigiLaw.ai
JUDGMENT Anjuli Palo, J. - Case diary is available. 2. This is the first application filed by the applicant under Section 439 of the Cr.P.C. 3. The applicant is in custody since 14.8.2020 in connection with Crime No.128/2020 registered at P.S. Nayagaon, District Satna for the offence punishable under Sections 25/27 of the Amrs Act and Section 11/13 of the M.P. Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam. 4. As per prosecution, one country made revolver along with live cartridges is alleged to have been seized from the possession of the applicant. 5. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He has no criminal record. Investigation is complete and charge sheet has been filed. The applicant is in custody since 14.8.2020 and trial would take considerable time to conclude due to situation created by Covid-19 pandemic, therefore, the applicant may be released on bail. 6. Learned Panel Lawyer has opposed the application. 7. Considering the overall facts and circumstances of the case and nature of offence, I deem it appropriate to release the applicant on bail, therefore, without commenting upon the merit of the case, the application is allowed. 8. It is directed that applicant Jitendra @ Kallu Kushwaha shall be released on bail on his furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty 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. 9. It is made clear that if the applicant is found involved in similar offence in future, this order shall become ineffective. 10. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C. 11. With the aforesaid, the M.Cr.C. stands allowed and disposed of.