Madhya Pradesh High Court
Shoaib @ Bablu vs The State Of Madhya Pradesh on 21 August, 2014
M.Cr.C. No. 12159/2014 21.8.2014
Shri S.B.Shrivastava, Advocate for the applicant. Shri Rajneesh Choubey, Panel Lawyer for the State. This is the first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail.
The applicant is in custody since 3.7.2014 in connection with Crime No. 220/2014 registered at P.S. Aishbagh, District Bhopal for the offences punishable under Section 307/34 of the IPC.
As per prosecution, complainant Aslam lodged a report against Guddu Kabadi and Rizwan alleging that Rizwan was driving the vehicle and Guddu Kabadi was sitting with him as pillion rider, who is alleged to have made fire on complainant Aslam, as a result of which he sustained injuries. However, during investigation it has been found that the fire was made by the applicant on Mushtaq but Aslam sustained injuries.
Learned counsel for the applicant has submitted that as per prosecution's own case, initially the allegation of making fire was made against Guddu Kabadi. Counsel has further submitted that still the complainant has stated in his statement recorded under Section 161 of the Cr.P.C. that the fire was made by Guddu Kabadi, therefore, the applicant has been falsely implicated in this case. The applicant is in custody and trial would take considerable time to conclude, therefore, he 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 applicant on bail, therefore, without expressing any view on the merits of the case, this application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in a sum of `35,000/- (Rupees Thirty Five Thousand only) 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)
PB Judge