Madhya Pradesh High Court
Firoz Tigala vs The State Of Madhya Pradesh on 8 September, 2014
M.Cr.C. No. 13816/2014 8.9.2014
Shri K.S.Rajput, Advocate for the applicants. Shri Vijay Soni, Panel Lawyer for the State. This is the first application filed by the applicants under Section 439 of the Cr.P.C. for grant of bail.
The applicants are in custody since 4.8.2014 in connection with Crime No. 495/2014 registered at P.S. City Kotwali, District Khandwa for the offences punishable under Sections 307, 188, 147, 148, 149, 353, 333, 294, 323, 506, 427 and 171 of the IPC and Section 3 of Prevention of Damage to Public Property Act As per prosecution, it is alleged against the applicants that when curfew was imposed in the Khandwa city, complainant along with the Police force was on duty and was announcing that no one should come out of the house, at that juncture co-accused Farukh pelted a big stone on the complainant as a result of which he got injured. A mob of about 39 persons also pelted stones on the complainant party. The complainant has lodged report which has been registered vide Crime No. 495/2014 for the aforesaid offences.
Learned counsel for the applicants has submitted that the applicants have been falsely implicated in this case. The names of the applicants do not find place in the FIR. There is no specific allegation against the applicants that they assaulted anyone. Nothing is required to be seized from the possession of the applicants. The applicants are in custody and trial would take considerable time to conclude, therefore, they be released on bail.
Learned counsel for State has opposed the application. On due consideration of the contentions raised by the learned counsel for the parties and overall facts and circumstances of the case, I am of the considered view that it is a fit case to release the applicants on bail, therefore, without expressing any view on the merits of the case, this application is allowed and it is directed that the applicants shall be released on bail on their furnishing a personal bond in a sum of `30,000/- (Rupees Thirty Thousand only) each with one surety in the like amount to the satisfaction of the committal Court/trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.
Certified copy as per rules.
(G.S.Solanki) Judge PB