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Madhya Pradesh High Court

Mubarik Ali vs The State Of Madhya Pradesh on 9 July, 2018

                                  1                              MCRC-21469-2018
        The High Court Of Madhya Pradesh
                  MCRC-21469-2018
                  (MUBARIK ALI Vs THE STATE OF MADHYA PRADESH)


Jabalpur, Dated : 09-07-2018
      Shri Satyam Agrawal, Advocate for the applicant.
      Shri Santosh Yadav, Panel Lawyer for the respondent/State.

Heard. Case diary perused.

This is first bail application under Section 439 of Cr.P.C. Applicant has been arrested in Crime No.74/2018 registered at Police Station, Bilkisganj, Distt. Sehore (MP) for the offence punishable under Sections 451, 294, 323, 324, 307, 506 and 34 of the IPC.

As per prosecution case, on 16/4/2018 at about 8.30 p.m., the applicant and other co-accused persons went to complainant Haseeb Ali's house and co-accused Shahid assaulted Nafees by Farsi in his head and when Afsana and Hafeez came to rescue, co-accused Mansoor assaulted Hafeez by knife and applicant Mubarik assaulted Afsana by stick in her head and they also threatened to kill them.

Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in this case. Even otherwise, as per prosecution case, in the incident, only Nafees sustained grievous injury and the injury caused by co-accused Shahid. Charge sheet has been filed and the applicant is in custody since 17/4/2018. The conclusion of trial will take time. Therefore, the applicant be released on bail.

Learned counsel for the State opposed the prayer. Looking to the facts and circumstances of the case and as to the fact that the applicant is in custody since 17/4/2018, charge sheet has been filed and the conclusion of trial will take time so without commenting anything on merits of the case, the application is allowed. It is directed that the applicant be released on bail on his furnishing personal bond in the sum of Rs.50,000/-( Rupees fifty thousand Only) with a solvent Surety in the like amount to the satisfaction of trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant :

(i) the applicant will comply with all the terms and conditions of the bond executed by him;

(ii) the applicant will cooperate in the investigation/trial, as the case may be;

(iii) the applicant will not indulge himself in extending inducement,

2 MCRC-21469-2018 threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

(iv) the applicant will not commit an offence similar to the offence of which he is accused;

(v) the applicant will not seek unnecessary adjournments during the trial; and

(vi) the applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

C.C. as per rules.

(RAJEEV KUMAR DUBEY) JUDGE m/-