Madhya Pradesh High Court
MCRC/22689/2015 of NAZAR ALI Vs THE STATE OF MADHYA PRADESH on 31 December 2015
THE STATE OF MADHYA PRADESH) 31-12-2015 Shri Abhinav
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MCRC-22689-2015
(NAZAR ALIVs THE STATE OF MADHYA PRADESH)
31-12-2015
Shri Abhinav Dubey, Advocate for the applicant.
Shri Prakash Gupta, Panel lawyer for the State/respondent.Heard on admission.
Admit.
Case diary is available.
With the consent of the parties the case is heard finally.
This is the first bail application filed by the applicant underSection 439 of the Cr.P.C. for grant of bail.
The applicant is in custody in connection with CrimeNo.349/2015, registered at Police Station Timarni, District Harda,for the offences punishable under Sections 392, 397, 120-B, IPC.Learned counsel for the applicant submits that he has falsely beenimplicated in the case. It is further submitted by the learnedcounsel for the applicant that since the date of his arrest i.e.31.10.2015 the applicant is in custody and only Rs.200/- wererecovered from the possession of the applicant. It is also pointedout that the motorcycle seized from his possession belongs toapplicant Nazar Ali himself. In view of the aforesaid, prayer ismade to enlarge the applicant on bail.
On the other hand, learned Panel Lawyer for the respondent-State has vehemently opposed the application for grant of bail on theground that during Test Identification Parade, applicant Nazar Aliis duly identified.
Looking to the facts and circumstances of the case, withoutexpressing any view on merits of the case and considering the averments made by learned counsel for the parties, theapplication under Section 439 of Cr.P.C. may be accepted.Consequently, it is hereby allowed.
It is directed that the applicant- Nazar Ali be released onbail on furnishing a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with one solvent surety inthe like amount to the satisfaction of the Committal Court/trialCourt to appear before the concerned Court on the dates given bythe concerned Court during trial.C.C. as per rules.
(SUBHASH KAKADE)JUDGE