Madhya Pradesh High Court
MCRC/4301/2024 of HANIF KHA Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE
1
IN THE HIGH COURT OF MADHYA PRADESHAT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGHON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4301 of 2024
BETWEEN:-
HANIF KHA S/O KALLU KHA, AGED ABOUT 27 YEARS, OCCUPATION: AGRICULTURE R/O GRAM IMLIYA HUSAN TEHSIL SHYAMPUR DISTT.SEHORE (MADHYA PRADESH)
(SHRI SANTOSH KUMAR MEENA - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION KALAPIPAL DISTT. SHAJAPUR (MADHYA PRADESH)
(SHRI SAMEER VERMA- PANEL LAWYER)
.....RESPONDENTS
This application coming on for admission this day, the court passed the following:
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ORDER
Heard and perused the record.
This first bail application has been filed on behalf of the applicant underSection 439 of the Code of Criminal Procedure for grant of bail relating toCrime No.327/2023 dated (not mentioned), registered at Police Station-Kalapipal, District-Shajapur (M.P.) for the offence under Sections 457 & 380 ofIPC, 1860. The applicant is in custody since 11.01.2024.
2. Allegation against the applicant is that he is involved in the aforesaid offence wherein Madhya Pradesh Gramin Bank, Khardaun Kalan Branch locksof channel gate, main gate and gate of strong room was broken and a licensedgun with 5 live cartridges of the security guard which was kept in the strongroom has been stolen.
3. Learned counsel for the applicant submits that applicant is innocentand has been falsely implicated in this case. The case is triable by JudicialMagistrate First Class. There are no criminal antecedents against the applicant.The applicant is in jail since 11.01.2024 and final conclusion of trial will takesufficient long time. Under these circumstances, counsel prays for grant of bailto the applicant.
4. On the other hand, learned counsel for the State opposed the prayerand prayed for its rejection, however, fairly admitted that there are no criminalantecedents against the applicant.
5. After hearing learned counsel for the parties and looking to the factsand circumstances of the case as well as there are no criminal antecedentsagainst the applicant and also the case is triable by JMFC, I am of the view thatit is a case in which applicant may be released on bail. Consequently withoutcommenting on the merits of the case, first bail application under Section 439 ofthe Code of Criminal Procedure for grant of bail filed on behalf of applicant,stands allowed.
6 . It is directed that the applicant/accused be released on bail on hisfurnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand only)with one solvent surety in the like amount to the satisfaction of the trial Courtfor securing his presence before the said Court on all the dates of hearing fixedin this regard during trial. It is also directed that the applicant shall comply withthe provisions of Section 437(3) of the Cr.P.C.
7. This order shall be effective till the end of the trial. However, in caseo f bail jump and breach of any of the conditions of bail, it shall becomeineffective.
Certified copy as per rules.
sumathi
(PREM NARAYAN SINGH)JUDGE