MCRC/3236/2024 of HAJI MIYA @ SAHID KHAN Vs THE STATE OF MADHYA PRADESH on 5 February 2024

ORDER

1. The applicant has filed this second bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 28.02.2022 by Police Station-Sironj, District Vidisha in connection with Crime No.92/2022 registered foroffence punishable under Sections 147, 148, 149, 302 of IPC.

2. It is the submission of learned counsel for the applicant that applicanthas been falsely implicated in the case and is suffering confinement since25.02.2022. It is further submitted that material prosecution witnesses includingeye witnesses have been examined. Therefore, chance of tampering with evidence/witnesses is remote. Applicant does not bear any criminal record.Some of the witnesses have not supported the story of the prosecution andhave declared hostile. Even his role is not established by the prosecution.Considering the period of custody and status of trial, his case be considered forbail. It is further submitted counsel for the applicant that co-accused NadeemKhan has been extended benefit of bail vide order dated 25.01.2024 videM.Cr.C. No.2585/2023, therefore, he seeks parity. Applicant undertakes tocooperate in trial/investigation and would abide by all the terms and conditionsas imposed by this Court. He further undertakes not to move in the vicinity ofcomplainant side and shall not be a source of embarrassment and harassment tothem in any manner. Under these grounds, he prayed for bail.

3. Learned counsel for the respondent/State opposed the prayer and prayed for dismissal of application.

4. Learned counsel for the complainant also opposed the prayer and prayed for dismissal.

5. Heard learned counsel for the parties at length and perused the casediary.

6. Considering the submissions advanced by the learned counsel for theparties and status of trial as well as the fact that applicant does not bear anycriminal record and maintaining parity, but without commenting on the meritsof the case, the application is allowed. It is hereby directed that the applicantshall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties in the like amountto the satisfaction of trial Court.

7. This order will remain operative subject to compliance of the following conditions by the applicant :-

(i) The applicant will comply with all the terms and conditions of thebond executed by him;

(ii) The applicant will co-operate in the investigation/trial, as the case may be;

(iii) The applicant will not indulge himself in extending inducement, threator promise to any person acquainted with the facts of the case so as todissuade them from disclosing such facts to the Court or to the Police Officer,as the case may be;

(iv) The applicant shall not commit an offence similar to the offence, ofwhich he is accused;

(v) The applicant will not seek unnecessary adjournments during the trial;

(vi) The applicant will not leave India without previous permission of thetrial Court/Investigating Officer, as the case may be;

(vii) The applicant shall mark his presence on first Sunday of everymonth before the concerned police station between 10:00 am to 2:30 pmtill conclusion of trial.

(viii) Applicant shall not be a source of embarrassment and

Facts

harassment to the complainant party in any manner and shall not movein the vicinity of the complainant and shall not move even in the village where the complainant resides till conclusion of trial so that complainantand remaining prosecution witnesses (family members of complainant)

shall freely depose before the trial court.

8. Application stands allowed and disposed of.

9. A copy of this order be sent to the trial Court concerned forcompliance and information.

Ashish*

10. Certified Copy as per rules.

(ANAND PATHAK)JUDGE