MCRC/4802/2024 of ASHU@RASHID KHAN Vs THE STATE OF MADHYA PRADESH on 5 February 2024

ORDER

1. The applicants have filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicants have been arrested on 25.02.2022 by Police Station-Sironj, District Vidisha in connection with Crime No.92/2022 registered foroffence punishable under Sections 147, 148, 149 and 302 of IPC.

2 . I t is the submission of learned counsel for the applicants thatapplicants have been falsely implicated in the case and are suffering confinementsince 25.02.2022. It is further submitted that material prosecution witnesses including eye witnesses have been examined. Therefore, chance of tamperingwith evidence/witnesses is remote. Applicants do not bear any criminal record.Some of the witnesses have not supported the story of the prosecution andhave declared hostile. Even their role is not established by the prosecution.Considering the period of custody and status of trial, their case may beconsidered for bail. It is further submitted counsel for the applicants that co-accused Nadeem Khan has been extended benefit of bail vide order dated25.01.2024 vide M.Cr.C. No.2585/2023, therefore, he seeks parity. Applicantsundertake to cooperate in trial/investigation and would abide by all the termsand conditions as imposed by this Court. They further undertake not to move inthe vicinity of complainant side and shall not be a source of embarrassment andharassment to them in any manner. Under these grounds, he prayed for bail.

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

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

5. Considering the submissions advanced by the learned counsel for theparties and status of trial as well as the fact that applicants do not bear anycriminal record and maintaining parity, but without commenting on the merits ofthe case, the application is allowed. It is hereby directed that the applicantsshall be released on bail on their furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) each with two solvent sureties in the likeamount to the satisfaction of trial Court.

6. This order will remain operative subject to compliance of the followingconditions by the applicant :-

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

(ii) The applicants will co-operate in the investigation/trial, as the casemay be;

(iii) The applicants will not indulge themselves in extending inducement,threat or 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 applicants shall not commit an offence similar to the offence, ofwhich they are accused;

(v) The applicants will not seek unnecessary adjournments during thetrial;

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

(vii) The applicant shall mark their presence on first Sunday ofevery month before the concerned police station between 10:00 am to 2:30 pm till conclusion of trial.

(viii) Applicants shall not move in the vicinity of the complainant

Facts

and shall not move in the village where the complainant resides tillconclusion of trial so that complainant and remaining prosecutionwitnesses (family members of complainant) shall freely depose before thetrial court.

7. Application stands allowed and disposed of.

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

Ashish*

(ANAND PATHAK)JUDGE