Madhya Pradesh High Court
Haidar Khan vs The State Of Madhya Pradesh on 4 March, 2015
M.Cr.C. No. 1458/2015
Haidar Khan and another Vs. State of M.P.
M.Cr.C. No. 1585/2015
Jameel Khan Vs. State of M.P.
04.03.2015
Shri Navnidhi Pahariya, learned counsel for
the applicants.
Ku. Nutan Saxena, learned Public Prosecutor
for the respondent/State.
Since both the cases have arisen out of one and the same crime number of the same police station, they are being decided by this common order.
Heard arguments.
Perused the case diary and material on record. These are first bail applications filed by the applicants under Section 439 of the Cr.P.C. in connection with crime No. 20/2015, registered at Police Station, Civil Line, District Vidisha against them and co-accused Babu, Mushtak, Janish Omkar and 100-150 unknown co- accused persons for the offences punishable under Sections 147, 148, 451, 353, 427 and 435 of the IPC, 135 (A) of the Representation of People Act, 10 (1) & 11 (1) (E) of M.P. Sthaniya Pradhikaran (Nirvachan Apradh) Adhiniyam 1964, 3 / 4 Lok Sampatti Ki Nuksani Ka Nivaran Adhiniyam 1984.
Prosecution allegations are that on 13.01.2015, a dispute arose over the place of counting of votes of election of Sarpanch at polling center No. 207 in village Pathari Haveli, on account of the dispute, the applicants, named co-accused and 100 - 150 other unknown co- accused persons stormed into the polling booth and took away with them electronic voting machines and other election materials and destroyed them by setting on fire. It is also alleged that village secretary Randhir Singh and Chowkidar have identified the applicants amongst the crowd.
Learned counsel for the applicants submits that the applicants are in custody since 25.01.2015 and it is not possible for aforesaid Raghuvanshi and Parmanand to identify the applicants in a crowd of 100 - 150 persons. They have falsely implicated the applicants at the behest of their opponents. Upon these submissions, prayer is made for grant of bail.
Learned Panel Lawyer opposes the prayer. On due consideration of the above facts and circumstances of the case, the submissions advanced on behalf of the parties by their counsel, but without expressing any opinion on merits of the case, I am of the view that it is a fit case for grant of bail. Hence, the applications are allowed. It is therefore, ordered that applicant Haidar Khan, Sulemaan Khan and Jameel be released on bail on their 'each' furnishing a personal bond in the sum of Rs. 20,000/- (Rupees Twenty thousand only) with one solvent surety in same amount to the satisfaction of the concerned Court for their appearance on all the dates as may be fixed by it in this regard. In case of bail jump, the concerned Court will have power to cancel the applicants' bail.
Certified copy as per rules.
(RAJENDRA MAHAJAN) JUDGE dixit/-