Madhya Pradesh High Court

MCRC/50257/2018 of MOHD. HALEEM Vs THE STATE OF MADHYA PRADESH on 31 December 2018

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Court Of Madhya PradeshThe High Court Of Madhya Pradesh MCRC-50257-2018

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The High Court Of Madhya PradeshMCRC-50257-2018

(MOHD. HALEEMVs THE STATE OF MADHYA PRADESH)

[31][-][12][-][2018]Jabalpur, Dated :

Shri A.S. Baghel, counsel for the applicant.

Shri Akhilendra Singh, G.A. for the respondent / State.

Heard with the aid of case diary.

This is First application of the applicant Mohd. Haleem filed undersection 439 Cr.P.C. for grant of bail in connection with Crime No.648/2018registered at Police Station Kotwali Sidhi, District Sidhi for the offencepunishable under Sections 294, 323, 506, 302, 341 /34 of I.P.C.

As per prosecution case on 25/06/18 deceased Anuj @ Anshu Sahuwas going from Satna to Sidhi by bus. Present applicant Mohammed Ali wasalso travelling on the same bus. In the bus, there arose a quarrel betweenthem. Applicant informed his brother co-accused Mohd Shaheed regardingthe incident on phone and called him. On that when the bus reached Jamodi,Sidhi co-accused Mohammad Shaheed, Prince Gupta, Mohammad Samimand Mohammad Salim boarded the bus and they assaulted the deceased Anuj@ Anshu Sahu by kicks and fists due to which he sustained injury and died.

Learned counsel for the applicant submits that the applicant has notcommitted any offence and has falsely been implicated in the offence. Thereis no evidence on record to show that the applicant also assaulted thedeceased at the time of the incident or he instigated co-accused persons tomurder the deceased. No external injury was found on his body duringpostmortem. In the postmortem report, it is mentioned that deceased Anuj @Anshu died due to rupture of the liver. Charge-sheet has been filed. He furthersubmits that the applicant is in custody since 26/06/2018 and the conclusionof the trial is likely to take a long time, hence prayed for the release of theapplicant on bail.

Learned counsel for the State opposed the prayer and submitted thatsufficient evidence is available against the applicant to connect him with the crime, so he should not be released on bail.

Looking to the facts and circumstances of the case and as to the factthat applicant called co-accused persons who assaulted the deceased Anuj @Anshu due to which he died. This court is not inclined to grant bail to theapplicant.

Accordingly, the application is rejected.

(ra) (RAJEEV KUMAR DUBEY)V. JUDGE

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