(BASHEER ALIAS KARAN SOLANKI Vs THE STATE OF MADHYA PRADESH)
Shri H.S.Verma, learned counsel for the applicant.
Shri Vijay Soni, learned PL for the respondent/State.
This is the first bail application under Section 439 of Cr.P.C.
for offence under Sections 402 and 399 of IPC and U/s 25/27
of Arms Act in connection with Crime No. 27/2017
registered at Police Station Kotwali District Satna.
According to the case of the prosecution, the applicant
herein, who is in judicial custody since 09-01-2017 is stated
to have seven cases, besides the present one registered
against him of the year 2015 and in the year 2016, there is
only one case under Section 354 IPC. The applicant has
been arrested by the police, after having received source
information about the fact that the applicant along with co-
accused were preparing to commit dacoity on a petrol
pump. Under the circumstances, the police raided the
dwelling house of the applicant and seized country-made
pistol from him.
Learned counsel for the applicant has also stated that the
applicant is undergoing treatment and has drawn the
attention of this court to Annexure- A/2, which are Ultra-
sound report and treatment papers of the applicant. The
Ultra-sound report are indicative of the applicant’s suffering
from stones in left and right urethric calculus.
Learned counsel for the State has opposed the bail
application on the ground that as the applicant is native of
Uttar Pradesh and may be difficult to pursue in the event, he
Be that as it may, that the offence under which the applicant
has been arrested is for offence under Sections 399 and 402
of IPC before the principal offence is committed and the
country-made firearm recovered from him, looking to the
treatment papers of the applicant and the period of
incarceration put in by the applicant and that the charge-
sheet having been filed, I am inclined to allow the instant
application and direct that the applicant herein to be
enlarged on bail upon his furnishing a personal bond in the
sum of Rs. 50,000/- ( Rupees Fifty Thousand ) with a
solvent surety in the like amount to the satisfaction of the
C.C as per rules.