Madhya Pradesh High Court
MCRC/51549/2023 of NAASIR KHAN Vs THE STATE OF MADHYA PRADESH on 29 December 2023
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIAON THE 29[th] OF DECEMBER, 2023(THROUGH VIDEO CONFERENCING)
MISC. CRIMINAL CASE No. 51549 of 2023
BETWEEN:-
NAASIR KHAN S/O SHRI LALLU KHAN, AGED 28 YEARS,OCCUPATION: LABOUR R/O AVADPURA PICHHORE KIPAHADIYA NAVAB BAJRI WALE KE PAS, KAMPOODISTRICT GWALIOR (MADHYA PRADESH)
.....APPLICANT
(SHRI D.R. SHARMA - ADVOCATE WITH SHRI S.N. DUBEY - ADVOCATE)
AND
STATE OF MADHYA PRADESH THROUGH POLICESTATION MADHOGANJ DISTRICT GWALIOR (MADHYAPRADESH)
(BY SHRI A.K. NIRANKARI- PUBLIC PROSECUTOR )
.....RESPONDENT
This application coming on for hearing this day, the court passed the following:
Case diary is available.
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ORDER
2. This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
3. Applicant has been arrested on 26.10.2023 in connection with CrimeNo.466/2023 registered by Police Station Madhoganj, District Gwalior foroffence punishable under Sections 394 of IPC and Section 11/13 of MPDVPKAct.
4. It is submitted by the counsel for the applicant that applicant is in jailfor the last more than two months. Recovery of currency notes of Rs.500/- andone coin cannot be said to be an incriminating article because in absence of anyspecific mark, it cannot be said that it was a looted property. Photocopy ofAadhar Card of complainant cannot be said to be a material evidence. So far asthe criminal antecedents of the applicant are concerned, in some of the cases,he has already been acquitted. The trial is likely to take sufficiently long time andthere is no possibility of his absconding or tampering with prosecution case. Itis further submitted that in view of the criminal antecedents, applicant is readyand willing to abide by any stringent condition which may be imposed by theCourt.
5. Per contra, the application is vehemently opposed by the counsel forthe State. It is submitted that apart from the present case, six more cases havebeen registered against him, out of which two cases were registered in the year2018, one case was registered in the year 2019 and three cases were registeredin the year 2023.
6. Considering the totality of the facts and circumstances of the case,without commenting anything on the merits of the case, the application isallowed. It is directed that the applicant shall be released on bail on furnishingpersonal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with onesurety in the like amount to the satisfaction of the committal Court/trial Court toappear before the Court on the dates given by the concerned Court.
8. The applicant shall appear before S.H.O., Police StationMadhoganj District Gwalior on 1st of every month during pendency oftrial. Failure on the part of the applicant to comply this condition would amountto flouting of this order, which may result in recall/cancellation of this bail order.
9. This order shall remain effective till the end of trial but in case of bailjump, it shall become ineffective.
10. In the light of the judgment passed by the Supreme Court in the caseo f Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 inCriminal Appeal No. 329/2021, the intimation regarding grant of bail be sentto the complainant.
11. Certified copy as per rules.
Avi
(G.S. AHLUWALIA)V. JUDGE