Madhya Pradesh High Court
MCRC/57110/2023 of RIZWAN QURESHI Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWALON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 57110 of 2023
BETWEEN:-
RIZWAN QURESHI S/O ARMAN QURESHI, AGED ABOUT26 YEARS, OCCUPATION: LABOUR H.NO. 1472 GALI NO.1 JANATA QUATERS AISHBAG BHOPAL (MADHYAPRADESH)
(BY SHRI D.C.MALLIK - ADVOCATE )
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION AISHBAG BHOPAL DISTRICT BHOPAL(MADHYA PRADESH)
(BY MS. SEEMA PANDEY - PANEL LAWYER )
.....RESPONDENT
This application coming on for admission this day, the court passed the following:
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ORDER
This is the first bail application filed by the applicant under Section 439of the Code of Criminal Procedure for grant of regular bail relating to CrimeNo.373/2023 registered at Police Station - Aish Bag Bhopal, District Bhopal(M.P.) for the offence punishable under Sections 294, 324, 307, 506(part II), 34of IPC. Applicant is in detention since 16.09.2023.
2. As per the prosecution story, On 10.09.2023 at about 7:45 pm whenhe and his wife were having dinner at his in-law's house, his brother-in-lawalongwith his elder brother and cousin came there and started abusing them.
When the complainant stopped them to abuse, Pappu caught his hand frombehind and caused injury from knife in his right hand, right eye and around hisnose due which blood was oozing out. When his wife came there to rescue,Rizwan caused injury to her by sword at her left hand due to which her handgot cut and bones came out. When they made hue and cry, the accusedpersons said today you are saved, if you will meet in future and do not take oldcase back so we will kill you. On the basis of aforesaid allegation, Policeregistered the case against the present applicant under the aforesaid Sections.
3. Learned counsel for the applicant submitted that applicant is in jailsince 16.09.2023. He has been falsely implicated. It is further submitted that hehas filed a list of 11 cases in which applicant has been acquitted. Charge sheethas been filed. Therefore, it has been prayed that the applicant may be releasedon bail.
4. On the other hand, learned counsel for State as well as learned counselfor the objector have opposed the prayer for grant of bail to the applicant. It isfurther submitted that present applicant is the main accused. As per MLCreport, injuries were received by both the injured but Reshma sustained grievousinjuries. Reshma's hand got cut and bones came out. There is seizure of swordfrom the applicant. applicant has criminal antecedents of 32 cases. Therefore,they have prayed for dismissal of this bail application.
5. After going through the arguments and having perused the case diary and record, it is found that injuries were caused by hard and sharp objects andwere grievous in nature and applicant has criminal antecedents of 32 cases.
6. In view of above and looking to the seriousness of offence, I am notinclined to release the applicant on bail. Consequently, bail application underSection 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands dismissed.
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(PRAMOD KUMAR AGRAWAL)JUDGE