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Madhya Pradesh High Court

Riyaz Khan @ Guddu vs The State Of Madhya Pradesh on 8 April, 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 8th OF APRIL, 2022

                                     MISC. CRIMINAL CASE No. 14554 of 2022

                              Between:-
                              RIYAZ KHAN @ GUDDU S/O SHRI GUL
                              MOHAMMAD , AGED ABOUT 36 YEARS,
                              OCCUPATION: LABOUR G.B.T. NAGAR, AKBARPUR
                              U.P. PRESENTLY RESIDING AT KARELI DISTT.
                              PRAYAGRAJ U.P. (UTTAR PRADESH)

                                                                                   .....PETITIONER
                              (BY SHRI GHANSHYAM PANDEY, COUNSEL FOR THE APPLICANT)

                              AND

                              THE STATE OF MADHYA PRADESH THROUGH
                              POLICE STATION CANTT. SAGAR (MADHYA
                              PRADESH)

                                                                                .....RESPONDENTS
                              (BY SHRI VIVEK LAKHERA, GOVERNMENT ADVOCATE)

                            This application coming on for admission this day, the court 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 03.03.2022 in connection with Crime No.792/2021 registered at Police Station Cantt, District Sagar for the offences 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 is 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 Signature Not SAN Verified Juice to the complainant as well as co-accused Salim. No recovery is made Digitally signed by VAIBHAV from the possession of the present applicant. Investigation is complete.

Charge sheet is filed. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.

Learned Government Advocate, on the other hand, opposes the application.

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 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 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 Virus before and after releasing the applicant.

Certified copy as per rules.

(VIVEK AGARWAL) 3 JUDGE vy