Madhya Pradesh High Court

MCRC/4432/2024 of WASI @ FAJIKALA Vs THE STATE OF MADHYA PRADESH on 2 February 2024

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COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI

1

IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE VISHAL DHAGATON THE 2[nd] OF FEBRUARY, 2024

MISC. CRIMINAL CASE No. 4432 of 2024

BETWEEN:-

WASI @ FAJIKALA S/O AKHTAR ALI, AGED ABOUT 24YEARS, OCCUPATION: PRIVATE WORK R/O OLD SEFIANEAR TO SAKEEL DENTER HOUSE SHAHJAHANABADDISTRICT BHOPAL (MADHYA PRADESH).

(BY SHRI SAURABH SHRIVASTAVA - ADVOCATE)

.....APPLICANT

AND

THE STATE OF MADHYA PRADESH THROUGH POLICESTATION BAJARIYA DISTRICT BHOPAL (MADHYAPRADESH).

(BY SHRI PRAMOD CHOUBEY - GOVERNMENT ADVOCATE)

.....RESPONDENT

This application coming on for admission this day, the court passed the following:

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ORDER

This is the seventh bail application filed by applicant under Section 439o f Code of Criminal Procedure for grant of regular bail relating to FIR No.376/2019, registered at Police Station-Bajariya, District Bhopal (M.P.) for theoffence punishable under Sections 307/34 of IPC.

2. Learned counsel appearing for applicant submitted that applicant is injail for last four and a half years i.e. from 15.08.2019. Considering long periodof custody, applicant be released on bail.

3. Learned Government Advocate appearing for the State opposed the bail application. There is direct evidence against him by the injured victim. It issubmitted that applicant is having criminal record and a hard core criminal,therefore, he may not be released on bail.

4. Heard learned counsel for the parties.

5 . Applicant is in jail for last four and half years. 20 witnesses havealready been examined in Court and there are 28 witnesses in total. From Status report, it appears that trial is likely to take some more time in its conclusion.

6. Considering aforesaid circumstances of the case, bail application filed by the applicant is allowed. It is directed that the applicant shall be released onbail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction ofthe trial Court concerned for his regular appearance before Court on all suchdates as may be fixed in this regard during pendency of trial.

7. The applicant shall also abide by the following conditions of Section437(3) of Cr. P. C. as under:- (a) that such person shall attend in accordance with theconditions of the bond executed under this Chapter; (b) that such person shall not commit any offence similar to theoffence of which he is accused, or suspected of the commission ofwhich he is suspected and;

(c) that such person shall not directly or indirectly make anyinducement, threat or promise to any person acquainted with thefacts of the case as to dissuade him from disclosing such facts tothe Court or to any police officer or tamper with the evidence.

8. Certified copy as per rules.

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