Madhya Pradesh High Court
Akram vs The State Of Madhya Pradesh on 2 July, 2019
M.Cr.C. No.19523/2019 1
(Akram S/o Abdul Gani vs. State of M.P.)
The High Court Of Madhya Pradesh
Indore : 02/07/2019 :-
Shri Z.A. Khan, learned senior counsel assisted by Shri
Ramesh Gangare, learned counsel for the applicant.
Shri Nishith Wishard, learned Government Advocate for
the non-applicant/State.
Heard with the aid of case diary.
ORDER
This is the second bail application under Section 439 of Cr.P.C. before High Court in connection with Crime No.7/2019 under Section 429/34 of IPC, 3/4 of M.P. Govansh Vadh Pratishedh Adhiniyam, 2004 and 5, 6, 9, 10, 8 of M.P. Krishi Pashu Parirakshan Adhiniyam registered at Police Station - Sadar Bazar, District-Indore and applicant is in custody since 06/01/2019. First bail application was dismissed on merits by this Court vide order dated 20/03/2019 passed in M.Cr.C. No.10006/2019
2. According to the prosecution case, on 06/01/2019 on receiving information, police intercepted a pick-up vehicle loaded with beef of cow progeny. Three accused persons found on the post, who are real brothers, including the present applicant.
3. It is submitted by the learned counsel for the applicant that important witnesses have been examined by the trial Court, who turned hostile. It is argued that applicant is innocent and has falsely been implicated in the present case. There is no evidence against him. Conclude of trial is likely to Digitally signed by Jagdishan Aiyer Date: 02/07/2019 15:52:47 M.Cr.C. No.19523/2019 2 (Akram S/o Abdul Gani vs. State of M.P.) take time. The applicant is permanent resident of District- Indore. There is no possibility of his absconding. He is ready to furnish adequate security. The accused is in custody since 06/01/2019. Investigation is over and charge-sheet has already been filed. No criminal antecedent is attributed to the applicant. Trial is likely to take time, therefore, he prays for release of the applicant on bail.
4. The learned Government Advocate has opposed the bail application.
5. In view of the aforesaid, the period of custody, the fact that Shahbaz Ansari (PW/1) and Deepak Jaat (PW/2) have turned hostile and other facts and circumstances of the case, I deem it proper to release the accused on bail. Therefore, without commenting on merits of the case, the bail application is allowed.
6. It is directed that the applicant - Akram S/o Abdul Gani be released from custody on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the Trial Court for his appearance before the Trial Court as and when required further subject to the following conditions :-
(i) The applicant shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial;
(ii) The applicant shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade him from disclosing truth before the Court;
(iii) The applicant shall not commit any offence or involve in any criminal activity;Digitally signed by Jagdishan Aiyer Date: 02/07/2019 15:52:47 M.Cr.C. No.19523/2019 3
(Akram S/o Abdul Gani vs. State of M.P.)
(iv) In case of his involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be cancelled. C.C. as per rules.
(Ms. Vandana Kasrekar) Judge Aiyer* Digitally signed by Jagdishan Aiyer Date: 02/07/2019 15:52:47