Madhya Pradesh High Court
Ashish Maisi Alias Ashu Maisi vs The State Of Madhya Pradesh on 24 August, 2017
M.Cr.C. No.13732/2017
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(Ashish Maisi @ Ashu Maisi Vs. The State of M.P.)
24.08.2017
Shri D.S. Baghel, learned counsel for the applicant.
Shri R.N. Yadav, learned P.L. for the respondent-State.
Shri Bhupendra Shukla, learned counsel for the objector. Heard.
This is first anticipatory bail application filed on behalf of the applicant under Section 438 of the Code of Criminal Procedure.
The applicant is apprehending his arrest, in connection with Crime No.308/2017 registered at Police Station Bina, District Sagar (M.P.) for the offence punishable under Sections 307, 341, 147, 148, 149 and 120-B of IPC.
As per prosecution, on 21.05.2017, at about 03:30 p.m., complainant Vinod Rai was going by his motorcycle to his Lodge. When he reached near ice factory situated at Chaitanya Dham Colony, then on the way, co-accused Bunty Kale @ Idrish Khan armed with sword, Nicky Khan armed with iron rod, including 3-4 other co-accused including applicant, armed with stick and baseball bat had blocked the way of the complainant. At that time, co-accused Nicky Khan hit the complainant on his head by sword, due to which, complainant fell down from his motorcycle. Thereafter, co-accused Nicky Khan instigated other co-accused to beat the complainant then they started doing marpeet with the complainant by sticks and bat. At the same time, brother of the complainant, namely, M.Cr.C. No.13732/2017 ..2..
Mukesh Rai came to save the complainant, then co-accused Nicky Khan said that Mukesh Rai has seen the incident, kill him, then co-accused Bunty also hit Mukesh Rai with sword on his head, due to which, he fell down on the road and other co- accused also started doing marpeet with him by sticks and sword.
Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in this case. He has not committed any offence. He has not been named in the FIR, which was lodged by injured himself. Later on, he has been named in the statements of injured Vinod Rai and Mukesh Rai. Date of taking their statements has not been mentioned in their statements. He further submits that on the date and time of incident, applicant was not even present at Bina as he had gone to Bhopal. He took the CCTV footage of Bhopal Railway Station, platform No.1, as per which, he was present at Bhopal Railway Station. He had given an application to the SHO Bina, District Sagar stating all above things, copy of which has been produced with the application. Applicant has no criminal antecedents and accordingly, his case is distinguishable from that of other co-accused Annu @ Anup, whose anticipatory bail has been rejected. On these grounds learned counsel for the applicant prays for grant of bail to applicant.
Per-contra, learned Panel Lawyer and learned counsel for the objector oppose the bail application of applicant and M.Cr.C. No.13732/2017 ..3..
submit that the bail application of Annu @ Anup has been dismissed by this Court, who has also not been named in the FIR but learned Panel Lawyer admits that as per case-diary, applicant has no criminal antecedents.
After hearing arguments of the parties, looking to the whole facts and circumstances of the case and considering the fact that applicant has no criminal antecedents, without expressing any opinion on the merits of the case, I am of the considered view that it would be appropriate to release the applicant on anticipatory bail. Consequently, this application under Section 438 of Cr.P.C. is hereby allowed.
It is directed that applicant-Ashish Maisi @ Ashu Maisi will surrender himself before Investigating Officer, within ten days from the date of receipt of certified copy of this order and then in the event of his arrest he be released on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one surety in the like amount to the satisfaction of the Arresting Authority.
It is further directed that applicant shall make himself available for interrogation by the Police Officer as and when required. He shall further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.
Certified copy as per rules.
(H.P. SINGH) JUDGE GT Digitally signed by GAUTAM TECKCHANDANI DN: c=IN, o=High Court of Madhya Pradesh, ou=Administration, postalCode=482001, st=Madhya Pradesh, 2.5.4.20=6fdf031d90def121483fc12fcfac394cfeeb8d28e3f811e791eb3ec 28b88fbbf, serialNumber=6b781c2574ea3d78780a268ab221e624844669cb51f6ad6 ad5ee5578d76f4e62, cn=GAUTAM TECKCHANDANI Date: 2017.08.29 12:03:27 +05'30'