Madhya Pradesh High Court
Mohammad Ajimeen Khan @ Mohammad Ajmeen ... vs The State Of Madhya Pradesh on 17 December, 2021
Author: Anand Pathak
Bench: Anand Pathak
1
HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.45223/2021
(Mohammad Ajimeen Khan @ Moh. Ajmeen @ Mubeen Vs. State of M.P. )
Gwalior, Dated:17.12.2021
Shri Sameer Shrivastava, learned counsel for the applicant.
Shri PPS Bajita, learned PP for the respondent/State.
The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 17.10.2020 by Police Station Kolaras, District Shivpuri in connection with Crime No.117/2018 registered for offence under Sections 307, 394, 397, 398, 353, 332 of IPC and Section 11/13 of MPDVPK Act.
It is the submission of learned counsel for the applicant that applicant is suffering confinement since 17.10.2020 and charge- sheet has been filed therefore, chance of tampering with evidence/witness is remote. It is further submitted that at the relevant point of time, applicant was suffering incarceration in District Jail Gurugram, Haryana (on alleged date of incident i.e. 23.03.2018) and therefore, his presence at the place of incident i.e. Kolaras, District Shivpuri is highly improbable. Confinement amounts to pretrial detention. He undertakes to cooperate in trial. He further undertakes not to be a source of harassment and 2 embarrassment to the complainant party in any manner. On these grounds, prayer for bail has been made.
Learned counsel for the State opposed the prayer but fairly submitted that on the basis of status report dated 28.11.2021 received from Police Station Kolaras, District Shivpuri, in which fact regarding confinement of applicant for relevant period has been mentioned. On the basis of aforesaid report which is available on record, counsel for the State fairly informs this Court about the period of confinement of applicant.
Heard learned counsel for the parties at length and considered the arguments advanced by them.
Considering the submissions and the arguments advanced by counsel for the parties, without commenting on the merits of the case, this Court intends to allow the present application and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lac only) with two solvent sureties in which one surety has to be local and one has to be in cash to the satisfaction of trial Court.
This order will remain operative subject to compliance of the following conditions by the applicant:-
1. The applicant will comply with all the terms and conditions of the bond executed by him;3
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, 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;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant shall regular appear in the trial Court and shall not seek unnecessary adjournments during the trial; and;
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. Applicant shall not be a source of embarrassment and harassment to the complainant party in any manner.
8. Applicant shall appear regularly before the trial Court on the given dates and any absence shall disentitle him from benefit of bail.
Application stands allowed and disposed of and file be consigned to the record.
Copy of this order be sent to the trial Court concerned for compliance from the office of this Court.
Certified copy as per rules/directions.
(Anand Pathak) Ashish* Judge ASHIS Digitally signed by ASHISH CHAURASIA DN: c=IN, o=HIGH COURT OF H MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=bf81a9adb1da24e4bc7b519 CHAU 5154c3d4de08c6bb9303e52e2e7e72 8d9bac85bd3, pseudonym=CA2EA6EDDF504F8F9C2 790FA9A0FD201D0242B64, serialNumber=A926F3CBF979ECA6A4 C477577EEDBA3AB4F94593A930B98 RASIA DAE1B0AD16F90B5FD, cn=ASHISH CHAURASIA Date: 2021.12.17 18:44:20 +05'30'