Madhya Pradesh High Court
MCRC/336/2024 of IRSHAD Vs THE STATE OF MADHYA PRADESH on 5 February 2024
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE
1
IN THE HIGH COURT OF MADHYA PRADESHAT INDOREBEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLAON THE 5[th] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 336 of 2024
BETWEEN:-
IRSHAD S/O AZEEZ KHAN, AGED ABOUT 33 YEARS,OCCUPATION: LABOUR GANDHI GRAM KHAJRANAINDORE (MADHYA PRADESH)
(BY SHRI NOOR AHMED SHEIKH - ADVOCATE)
ANDTHE STATE OF MADHYA PRADESH STATION HOUSEOFFICER PS KHAJARANA, INDORE (MADHYAPRADESH)
.....APPLICANT
(BY SHRI AJAY RAJ GUPTA - PP)
.....RESPONDENT
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. filed onbehalf of the applicant in connection with Crime No.695/2023 registered at Police Station Khajrana, Indore (M.P.) under Sections 323, 294, 506, 326 & 34of IPC.
As per the prosecution case, it is alleged that the applicant along with co-accused persons assaulted Amjad and Gulabnabi.
Counsel for applicant submits that as per the FIR and statement of thevictims, the allegation against the applicant is to cause injury to Gulabnabi withthe help of brick. The allegation against co-accused Anwar is to assault Amjad with saria which resulted into injury on finger nail. No material has beenadduced to establish that injury received by Gulabnabi was grievous in nature. The applicant is in jail since 12.12.2023. Investigation has been completed.Charge sheet has been filed.
In view of the aforesaid, I am of the view that the applicant is entitledfor grant of bail. Therefore, without expressing any view on the merits of thecase, the application is allowed.
It is directed that Applicant shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) withone surety of the like amount to the satisfaction of the Ld. Court below.
It is further made clear that if it is found that the applicant is involvedin any other case during the trial, this bail order shall stand cancelledautomatically without reference to the Court and the Police will be at liberty toarrest the applicant.
A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Stationconcerned. The office is requested to forward a copy of this order to the Ld.Court below.
VM
(VIJAY KUMAR SHUKLA)JUDGE