MCRC/64353/2021 of MOHAMMAD AMEEN Vs THE STATE OF MADHYA PRADESH on 30 December 2021

Arguments

The High Court of Madhya Pradesh : Bench at Indore M.Cr.C. No.64353/2021

Indore:30.12.2021

Shri Yogesh Gupta, learned counsel for the applicant.

Shri Chetan Jain, learned Panel Lawyer for the non-applicant/State.

Arguments heard.

Case diary perused.

This is first application under section 439 of Cr.P.C. forgrant of bail on behalf of the applicant, who is in custody since11/12/2021 in connection with Crime No.430/2021, registeredat Police Station – Rauji Bazaar, District – Indore (M.P.), for theoffence punishable under Sections 25 & 27 of the Arms Act.

As per prosecution case, on the date of alleged incident,on secret information from informant about one person standingat Harisiddhi, Indore near Zinnat Masjid with illegal firearms, thepolice party reached on the spot and saw one person standingat the spot and on seeing the police, he tried to flee away fromthe spot, but the police intercepted him, who revealed his nameas Mohammed Ameen. The police recovered one country madepistol from the possession of the applicant. Accordingly, casehas been registered against the present applicant.

Learned counsel for the applicant submits that theapplicant is innocent and has been falsely implicated in thiscase. The applicant has no criminal past. The investigation iscomplete and he is no more required for further custodialinterrogation. The applicant is in custody since 11/12/2021. Theconclusion of trial will take sufficient time. On the aforesaidgrounds, prayer is made to release the applicant on bail.

Learned Panel Lawyer has opposed the application andprayed for its rejection.

The High Court of Madhya Pradesh : Bench at Indore M.Cr.C. No.64353/2021(Mohammad Ameen Vs. State of M.P.)

Looking to the facts and circumstances of the case, on aperusal of the material available on record including the casediary, without commenting on the merits of the case, thisapplication is allowed.

It is directed that the applicant/accused be released onbail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial court for securing hispresence before the said Court on all the dates of hearing fixedin this regard during trial.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow thedirections/guidelines issued by the Government with regard to'COVID-19' before releasing the applicant.

This order shall remain effective till the end of the trial butin case of bail jump and breach of any of the pre-condition ofbail, it shall become ineffective and cancelled without referenceto this Bench.

Certified Copy as per rules.

(Rajendra Kumar (Verma)) Vacation Judge

pn

PREETHA NAIR

Digitally signed by PREETHA NAIR

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=JUDICIAL, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=5431da3716f911ecd1cb3fc6dc91ea2cacec60259cb241b9ad42416f404bb303, pseudonym=BEA9A029360DBE02FDC86E8557A519B70B35E1A7, serialNumber=0EC5BE08895BA17A6074239F753A38DE8188C5E65085178B87CD8C85BA5B87CC, cn=PREETHA NAIR Date: 2021.12.30 17:24:30 +05'30'