Madhya Pradesh High Court
Bhanu @ Shubham Khatik (Arya) vs The State Of Madhya Pradesh on 8 February, 2018
THE HIGH COURT OF MADHYA PRADESH
MCRC-5003-2018
(BHANU @ SHUBHAM KHATIK (ARYA) Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 08-02-2018
Shri Ravindranath Chaturvedi, counsel for the applicant.
Shri B.P. Pandey, Govt. Advocate for the respondent/State.
Heard with the aid of case diary. This is First application of the applicant Bhanu @ Shubham sh Khatik (Arya) filed under section 439 Cr.P.C. for grant of bail in connection with Crime No.129/2017 registered at Police Station e ad Kotwali, District Bhopal for the offence punishable under Sections 147, 148, 149, 332, 336, 435, 153A, 120-B of IPC and Section 25 of Arms Act. Pr a As per the prosecution case, the applicant and other co-accused hy persons were members of a mob of Hindu-Muslim riot assembled for ad the purpose of creating communal riot and the crowd assaulted the police officers.
M Learned counsel for the applicant submits that applicant has not of committed any offence and has been falsely implicated in the offence. The applicant is a youth of 27 years of age and has no criminal past.
rt The applicant is a student of Engineering (B.E.) at Bhabha ou Engineering Research Institute, Bhopal and if he is not enlarged on C bail, his academic career will go away. The applicant is in custody since 17.01.2018 and the conclusion of trial is likely to take long time, h ig hence prayed for release of the applicant on bail. H Learned counsel for the State opposed the prayer and submitted that sufficient evidence is available on record to connect the applicant with the offence in question so he may not be released on bail.
Looking to the facts and circumstances of the case and as to the fact that the applicant is in custody since 17.01.2018 and conclusion of trial is likely to take long time, without commenting on the merits of the case, the application is allowed and the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact sh of the case so as to dissuade him from disclosing such facts to the e Court or to the Police Officer, as the case may be;
ad
4. The applicant shall not commit an offence similar to the offence of which he is accused;
Pr
5. The applicant will not seek unnecessary adjournments during a the trial; and hy
6. The applicant will not leave India without previous ad permission of the trial Court/Investigating Officer, as the case may be.
M C.C. on payment of usual charges.
of (RAJEEV KUMAR DUBEY) JUDGE rt ou C h (ra) ig Digitally signed by RANJEET H AHIRWAL Date: 2018.02.08 14:41:17 +05'30'