Madhya Pradesh High Court
Khalid Sheikh vs The State Of Madhya Pradesh on 17 January, 2018
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HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
Khalid Sheikh versus State of M.P.
M.Cr.C. No.26209 of 2017
Indore, Dated:- 17/01/2018
Shri Manish Yadav, learned Counsel for the
applicant--Khalid Sheikh S/o Mohammad Shehzad.
Shri Amit Singh Sisodiya, learned Public
Prosecutor for the non-applicant/State.
Heard. Perused the Case-diary.
This is 2nd/repeat application under Section 439 of
Cr.P.C. for grant of bail filed by applicant--Khalid
Sheikh, who is implicated in Crime No.284 of 2017,
registered at Police Station--Khargone, District--
Khargone for the offence punishable under Sections
498-A, 328/34 of the IPC. He is in custody since
3.7.2017.
First application was dismissed on merit vide order dated 21.8.2017 which reads as under:-
"They are heard.
This is first application under Section 439 of Criminal Procedure Code, 1973 for grant of bail filed on behalf of applicant Khalid Sheikh s/o Mohammad Shehzad, who is implicated in connection with Crime No.284/2017 registered at Police Station Khargone, District Khargone (MP) for the offence punishable under 1Sections 498-A and 318/34 of the Indian Penal Code, 1860.
The applicant is in custody since 03.07.2017.
As per 164 statement of complainant Karuan, who is wife of the present applicant, specific allegation has been made against the present applicant, that she was caught hold and 2 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Khalid Sheikh versus State of M.P. thereafter, co-accused (family members of the applicant) poured acid on her mouth.
Considering the aforesaid, no case for grant of bail, as prayed for, is made out.
Accordingly, Miscellaneous Criminal Case No.8741/2017 is dismissed.
However, liberty is granted to the applicant to renew 1his prayer after recording court statement of complainant Karun."
Learned Counsel for the applicant has drawn my attention to the police statement of victim--Ranu Bi, which was recorded on 12.6.2017 and submitted that she in her aforesaid statement has not made any allegation against the present applicant. It is a case of false implication. There is no legal evidence against the present applicant and prays for grant of bail.
Shri Amit Singh Sisodiya, learned Public Prosecutor vehemently opposed the prayer and has drawn my attention to her police statement which was recorded on 12th June, 2017, 164 statement recorded on 4.7.2017 and opinion of Doctor dated 30 th June, 2017 and submitted that it is a case of acid attack. The applicant and his family members forcefully poured the acid (Toilet cleaner) on her mouth. There is no change in the circumstances to consider this repeat application and prays for rejection of bail application.
Ocular evidence of the injured is medically corroborated. Looking to the fact that it is a case of acid attack, she was forced to consume acid by the applicant 3 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Khalid Sheikh versus State of M.P. and other co-accused persons. No case for grant of bail, as prayed is made out.
Accordingly, M.Cr.C. No.26209 of 2017 is dismissed.
(P. K. Jaiswal) Judge pp/ Pankaj Digitally signed by Pankaj Pandey DN: c=IN, o=High Court of Madhya Pradesh, ou=Administration, postalCode=452001, st=Madhya Pradesh, Pandey 2.5.4.20=5467164f5a336c7377a64845 12779597a0f79163d36b5126b339e1 055a2ce3fb, cn=Pankaj Pandey Date: 2018.01.18 10:15:26 +05'30'