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[Cites 4, Cited by 1]

Madhya Pradesh High Court

Farhan Ali vs The State Of Madhya Pradesh on 24 May, 2018

  HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE

                       M.Cr.C. No.19919/2018
                      (Farhan Ali Vs. State of M.P.)



Indore dtd. 24.05.2018
      Shri Sunil Verma, learned counsel for the applicant.
      Smt. Mamta Shandilya, learned Public Prosecutor for
the non-applicant/State.
      Heard on the question of grant of bail.
      This is an application made by the applicant (accused)
- Farhan Ali under Section 439 Cr.P.C.               for grant of bail
during trial.
      Notice of this application was served on the State
counsel. Case diary as per the direction of this Court has
been produced and it has been perused.
      The applicant is facing trial for offence punishable under
Sections 406 and 413 of IPC registered with Police Station -
Azad Nagar, Indore District - Indore in Crime No.134/2018.
      Learned counsel for the applicant submits that the main
allegation of taking a Camera on rent is as against
Mohammad Sheikh Aakib and that the present applicant has
not even been named in the F.I.R. He further submits that the
applicant       has   been   implicated   on   the     basis   of   the
memorandum of co-accused recorded under Section 27 of the
Evidence Act and that the allegation against the present
applicant is that he has sold the aforesaid Camera on OLX.
He further submits that the applicant has no criminal
antecedents and he is in custody since 7.04.2018.
      Learned counsel for the State has opposed the
application for grant of bail.
       HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE

                       M.Cr.C. No.19919/2018
                     (Farhan Ali Vs. State of M.P.)


         On perusal of the case diary and considering the
    circumstances of the case, I find prima facie force in the
    submissions made by the counsel for applicant. Hence, I am
    of the considered view that the application for grant of bail
    deserves to be allowed and is, accordingly, allowed.
         The applicant is directed to be released on bail on his
    furnishing a personal bond in the sum of Rs.40,000/-(Rupees
    Forty Thousand) with one surety in the like amount to the
    satisfaction of the Trial Court for his appearance as and when
    directed.
         The applicant will attend each hearing of his trial before
    the Trial Court of which this bail arises. Any default in
    attendance in Court would result in cancellation of the bail
    granted by this Court.
         Certified Copy as per rules.




                                        (Prakash Shrivastava)
                                           Vacation Judge




    pn




Preetha Nair
2018.05.24

17:24:14 +05'30'