Madhya Pradesh High Court
Asif @ Afsar vs The State Of Madhya Pradesh on 2 March, 2022
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 2nd OF MARCH, 2022
MISC. CRIMINAL CASE No. 8709 of 2022
Between:-
ASIF @ AFSAR S/O SHRI SAHIBA ALAM , AGED
ABOUT 30 YEARS, OCCUPATION: LABOUR R/O
GRAM KANKI, DISTRICT KATNI (M.P.) (MADHYA
PRADESH)
.....PETITIONER
BY SHRI GHANSHYAM PANDEY, ADVOCATE
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION CANTT. DISTRICT SAGAR M.P.
(MADHYA PRADESH)
.....RESPONDENTS
BY SHRI YOGENDRA DAS YADAV, GOVERNMENT ADVOCATE
This bail application is taken up for hearing and the Court has passed the
following:
ORDER
This is first application filed under Section 439 of the Code of Criminal Procedure, 1973 (for brevity "Cr.P.C") for grant of bail to the applicant, who is in custody since 25.1.2022 in connection with Crime No.792/2021 registered at Police Station Cantt, District Sagar for the offence punishable under Sections 379 & 328 of the Indian Penal Code 1860 (for brevity "I.P.C").
Learned counsel for the applicant submits that applicant is innocent. He has been falsely implicated in this case. Main accused in Mohammad Salim. He has been identified by the complainant. The applicant has been made an accused on the basis of memorandum of Mohammad Salim. There is no direct evidence against the present applicant offering Appy Juice to the complainant as well as co-accused Salim. No recovery is made Signature Not SAN Verified from the possession of the present applicant except a sum of Rs.10,000/-, Digitally signed by AMIT JAIN Date: 2022.03.02 which is that of the present applicant himself. Investigation is complete.
18:38:20 IST 2Charge sheet is filed. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.
Learned Panel Lawyer for the non-applicant/State opposes the application and submits that the Test Identification Parade of the present applicant could not be conducted as he was not seen by the complainant. There is criminal history of three cases against the present applicant for the offence under Section 379 of the I.P.C.
After hearing counsel for the parties and considering other facts & circumstances of the case and keeping in view the fact that the allegation is against Mohammad Salim himself that he had offered cold-drink to the complainant and there is no substantive recovery in compliance of the memorandum recorded under Section 27 of the Indian Evidence Act, 1872, this Court is of the considered opinion that it is a fit case for grant of bail to the applicant. Hence, without commenting anything on merits of the matter, this application is allowed.
It is directed that applicant Asif @ Afsar S/o. Sahibe Alam shall be released on bail on his furnishing a personal bond in sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount each to the satisfaction of the Trial Court to appear before the Court on the dates given by the concerned Court during pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr. P. C. This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.
In view of the outbreak of new mutant Omicron of COVID-19, the jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona 3 Virus before and after releasing the applicant.
Certified copy as per rules.
(VIVEK AGARWAL) JUDGE amit