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Madhya Pradesh High Court

Kala @ Mohammad Riyaz @ Mohammad Ilyas vs The State Of Madhya Pradesh on 15 May, 2017

                           MCRC-4750-2017
   (KALA @ MOHAMMAD RIYAZ @ MOHAMMAD ILYAS Vs THE STATE OF MADHYA PRADESH)


15-05-2017

Parties through their counsel.
This application for grant of anticipatory bail under Section 438 of
the Code of Criminal Procedure, 1973 has been filed by the
applicant Kala @ Mohd. Riyaz @ Mohd. Ilyas, who is apprehending
his arrest in connection with Crime No.172/2017 registered at
Police Station Dindayal Nagar, Ratlam for commission of offence
punishable under Section 353, 323, 294, 332 r/w Section 34 of IPC.
As per the prosecution case, one constable Shafiulla Khan went to
a locality on 17.4.2017 to serve a warrant and at that point of time
it is alleged that the applicant has abused the constable and has
pushed him. In these circumstances a criminal case has been
registered against the present applicant.
Learned counsel for the applicant has argued before this Court
that the applicant is an innocent person and he has never pushed
the constable in question. In fact the police case has been
registered against him falsely.
On the other hand, learned counsel for the respondent/State has

opposed the prayer for grant of anticipatory bail and has stated that the applicant as well as his wife have pushed the constable in question and in these circumstances a criminal case has been registered against the present applicant. This Court has carefully gone through the statement available in the case diary and keeping in view the facts and circumstances of the case, this Court is of the considered opinion that the present application for anticipatory bail deserves to be allowed and is accordingly hereby allowed.

It is directed that in the event of arrest of applicant Kala @ Mohd. Riyaz @ Mohd. Ilyas, he be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand) with one surety in the like amount to the satisfaction of the arresting authority and subject to the usual conditions contained under Section 438(2) of the Code of Criminal Procedure, 1973. C.C. as per rules.

(S.C.SHARMA) JUDGE