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[Cites 5, Cited by 3]

Madhya Pradesh High Court

Mohd. Sahil Alias Sonu Khan vs The State Of Madhya Pradesh on 6 March, 2018

     THE HIGH COURT OF MADHYA PRADESH
                       MCRC-7546-2018
   (MOHD. SAHIL ALIAS SONU KHAN Vs STATE OF MADHYA PRADESH)
                                                                  1

Jabalpur, Dated : 06-03-2018
      Shri Manish Gavane, learned counsel for the applicant.
      Shri B.P. Yadav, learned Govt. Advocate for the
respondent/State.

Heard with the aid of case diary.

This is First application of the applicant Mohd. Sahil filed under section 439 Cr.P.C. for grant of bail in connection with Crime No. 281/2017 registered at Police Station Chandameta, District Chhindwara for the offence punishable under Sections 392, 394 and 34 of IPC.

As per the prosecution story, on 09.11.2017 at 08:30 pm., when the complainant Anil Verma with Shriraj Yadav were going to Newton, on the way at Gokhar Tola Road, the applicant Mohd. Sahil alias Sonu Khan and co-accused Santosh Jhariya, Deepak Kakodiya and Chandashahwali stopped them abused them and assaulted by kicks and fists and also looted Rupees 1100/- and one Samsung Mobile from complainant.

Learned counsel for the applicant submits that applicant has not committed any offence and has been falsely implicated in the offence. Charge sheet has been filed and the conclusion of trial will take a long time. The applicant is in custody since 10/11/2017, hence prayed for release of the applicant on bail.

On the other hand, Learned counsel appearing 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 10/11/2017, charge sheet has been filed and conclusion of trial will take a long time, so without commenting anything on the merits of the case, the application is allowed and the applicant is directed to be released on bail upon his furnishing personal bond in the sum of THE HIGH COURT OF MADHYA PRADESH MCRC-7546-2018 (MOHD. SAHIL ALIAS SONU KHAN Vs STATE OF MADHYA PRADESH) 2 Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

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;
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 fact of the case so as to dissuade him 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 will 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.

C.C. on payment of usual charges.

(Rajeev Kumar Dubey) Judge (kundan) Digitally signed by KUNDAN SHARMA Date: 2018.03.07 18:30:52 +05'30'