Madhya Pradesh High Court
MCRC/45358/2018 of MAKSUD KHAN Vs THE STATE OF MADHYA PRADESH on 31 December 2018
COURT OF MADHYA PRADESH MCRC.45358/2018 (Maksud Khan Vs. The State of
THE HIGH COURT OF MADHYA PRADESHMCRC.45358/2018
(Maksud Khan Vs. The State of M.P. )
Jabalpur, Dated : 31.12.2018
Shri P.C. Paliwal, counsel for the applicant.
Ms. Namrata K. Agrawal, G.A. for the respondent / State.
Heard with the aid of case diary.
This is First application of the applicant Maksud Khan filedunder section 439 Cr.P.C. for grant of bail in connection with CrimeNo. 278/2018 registered at Police Station Junnardeo, DistrictChhindwara for the offence punishable under Sections 460, 307 /34IPC and Section 25 of the Arms Act.
As per the prosecution case, on 21.07.2018 at 1:30 pmapplicant and other co-accused Amit Verma went to complainant-Ameen Khan’s house situated at village Majhari, Junnardeo andassaulted him by knife with intention to kill and when his wife Neelucame to rescue, they also assaulted her.
Learned counsel for the applicant submits that applicant hasnot committed any offence and has falsely been implicated in theoffence. The applicant is in custody since 21.07.2018 and theconclusion of trial is likely to take long time, hence prayed forrelease of the applicant on bail.
Learned counsel for the State opposed the prayer andsubmitted that sufficient evidence is available on record to connectthe applicant with the offence in question so he should not bereleased on bail.
Looking to the facts and circumstances of the case and as tothe fact that the applicant is in custody since 21.07.2018, andconclusion of trial is likely to take long time, without commentingon the merits of the case, the application is allowed and the applicantis directed to be released on bail upon his furnishing personal bondin the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with onesurety in the like amount to the satisfaction of the concernedC.J.M/trial Court for his appearance before the trial Court on all such sarathe THE HIGH COURT OF MADHYA PRADESH
MCRC.45358/2018
(Maksud Khan Vs. The State of M.P. )
dates as may be fixed in this behalf by the trial Court during thependency of trial.
This order will remain operative subject to compliance of the following conditions by the applicant :-
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1. The applicant will comply with all the terms and conditions ofthe bond executed by him; the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as thecase may be; case may be;
3. The applicant will not indulge himself in extendinginducement, threat or promise to any person acquainted withthe fact of the case so as to dissuade him from disclosing suchfacts to the Court or to the Police Officer, as the case may be; inducement, threat or promise to any person acquainted withthe fact of the case so as to dissuade him from disclosing suchfacts to the Court or to the Police Officer, as the case may be; 4. The applicant shall not commit an offence similar to theoffence of which he is accused; offence of which he is accused;
5. The applicant will not seek unnecessary adjournments duringthe trial; and the trial; and
6. The applicant will not leave India without previouspermission of the trial Court/Investigating Officer, as the casemay be. permission of the trial Court/Investigating Officer, as the casemay be.
C.C. on payment of usual charges.
(Rajeev Kumar Dubey)
V. Judge