Madhya Pradesh High Court
MCRC/2037/2024 of AKASH @ AKKU Vs THE STATE OF MADHYA PRADESH on 1 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPURBEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTION THE 1[st] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 2037 of 2024
BETWEEN:-
AKASH @ AKKU S/O SHRI RAM LAL CHOUDHARY,AGED ABOUT 22 YEARS, OCCUPATION: PRIVATE WORK/ LABOUR HOSUE NO. 61/05 BEHIND GOKUL KIRANABHEEM NAGAR POLICE STATION ARERA HILLSDISTRICT BHOPAL (MADHYA PRADESH)
(BY SHRI ABHISHEK SINGH - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH THEPOLICE STATION T.T. NAGAR BHOPAL DISTRICTSAGAR (MADHYA PRADESH)
(BY SHRI C.M. TIWARI - GOVERNMENT ADVOCATE)
.....RESPONDENTS
This application coming on for admission this day, the court passed the following:
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ORDER
This is first application under Section 439 of the Cr.P.C. has been filedon behalf of the applicant for grant of bail in connection with FIR/CrimeNo.585/2023 dated 17.09.2023 registered at Police Station T.T. Nagar, BhopalDistrict Bhopal (M.P.) for the offence punishable under Sections 294, 327, 323,326, 329, 506, 34 of IPC and Section 25 of the Arms Act.
2. Learned counsel for the applicant contends that in connection with anincident dated 09.08.2023, FIR has been lodged on 17.09.2023 after lapse ofmore than one month and resultantly, the present applicant who has also been falsely implicated was taken into custody on 26.12.2023. It is contended by thecounsel that a perusal of prosecution story palpably reveals that its a case offalse implication and the prosecution has lodged belatedly without there beingany explanation for the same. It is contended by the counsel that there are nodirect allegations against the applicant that he inflicted any injury on the personof the injured. It is contended by the counsel that the prosecution story reflectsbald allegations. It is also contended by the counsel that as per the prosecution,the allegations are levelled against the main accused Akash, therefore, theapplicant deserves to be enlarged on bail.
3. Per contra, learned counsel for the respondent has opposed the prayer and submitted that in past as many as 10 cases were registered against theapplicant. Therefore, taking into consideration the criminal past of theapplicant, the applicant is not entitled to be enlarged on bail.
4. Learned counsel for the Objector submits that he has no objection.
5. Heard the submissions and perused the case diary.
6. It is evident that the applicant is in custody since 26.12.2023. It isundisputed that the date of incident is 09.08.2023 whereas the FIR has beenlodged on 17.09.2023. Therefore, taking in to consideration the totality of thecircumstance and also the role attributed to the present applicant, this Courtdeem it proper to enlarge the applicant on bail. Therefore, without expressingany view on the merits of the case, the application is allowed.
7. It is directed that the applicant shall be released on bail on hisfurnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trialCourt concerned for his appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial.
8. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
9. Accordingly, this M.Cr.C. stands disposed of.
mn
(MANINDER S. BHATTI)JUDGE