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Madhya Pradesh High Court

Aslam Shekh @ Bablu vs The State Of Madhya Pradesh on 4 July, 2023

Author: Anil Verma

Bench: Anil Verma

                                                              1

                           IN THE            HIGH COURT           OF MADHYA PRADESH
                                                     AT I N D O R E
                                                          BEFORE
                                            HON'BLE SHRI JUSTICE ANIL VERMA

                                                 ON THE 4th OF JULY, 2023

                                        MISC. CRIMINAL CASE No. 23756 of 2023

                           BETWEEN:-
                           ASLAM SHEKH @ BABLU S/O KALIM SHEIKH,
                           AGED ABOUT 28 YEARS, OCCUPATION: NIL
                           PERMANENT ADD.- WARD NO.1 GANGAJHIRA,
                           MANDLESHWAR, DIST. KHARGONE. RECENT
                           ADD.- C/O SALIM S/O MUSTAFS HOUSE, NEAR
                           BILAL MASJID, SANJAY NAGAR, DIST. KHARGONE
                           (MADHYA PRADESH)
                                                                                   .....APPLICANT
                           ( BY SHRI NEERAJ KUMAR SONI- ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION
                           HOUSE OFFICER THROUGH POLICE STATION
                           KHARGONE,   DIST. KHARGONE  (MADHYA
                           PRADESH)
                                                                                .....RESPONDENTS
                           ( STATE BY SHRI K.K.TIWARI - GA _
                           OBJECTOR BY SHTI ROHIT SHUKL- ADVOCATE)
                           SHRI RAJENDRA SINGH BAGHEL, S.I.
                           POLICE STATION - KHARGONE IS PRESENT.
                           _____________________________________________________________________
                                 This application coming on for admission this day, the court passed
                           the following:

                                                          ORDER

This is the first application filed by the applicant for grant of regular bail under section 439 of the Code of Criminal Procedure, 1973 relating to FIR No. 221/2022 registered at P.S - Khargone, District- Khargone (MP) for the offence under sections 147, 148, 149, 336, 427, 435, 436, 458, 120-B of IPC and sections 3 and 4 of Explosives Act.

2/ As per prosecution story, on 10/04/2022, while complainant Durgesh Panwar was at his home due to night duty, at about 7 - 8 pm, he got information about stone pelting at Talab Chauk. The complainant, since resided in Sanjay Nagar near colony where Muslim resides and thus the complainant allegedly sent his children and his mother to their relatives' house in Gandhi Nagar. When the complainant and his wife was going to Satish Muchhal's house. After locking their house, they saw around 40-50 persons from his colony and nearby areas who with stones, sticks, petrol bombs etc. started attacking complainant and his wife who somehow escaped and reached Satish Muchhal's terrace. After the riotous mob dispersed, the complainant and his wife went to their house by blasting through petrol bomb. He lodged FIR at police station

- Khargone. Accordingly, the aforementioned offence was registered and he was arrested.

3/ Learned counsel for the applicants contended that applicants are innocent and have been falsely implicated in this offence. There is no legal evidence available on record to connect the applicants with the aforementioned offence. Applicants are in custody since 11/04/2022 and suffering jail incarceration since last one year and four months. He is not named in the FIR and no TIP has been conducted for their identification. Investigation is over, but yet trial is not commenced. He nas been made accused in the instant case only on the basis of memo of 27 of the Evidence Act. No weapon has been recovered from his possession. He is permanent resident of District- Khargone. There is no apprehension of their fleeing away from the court of justice. Final conclusion of trial shall take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

4/ To bolster his contentions, he has also placed reliance upon the order dated 09/01/2023 passed in MCRC no.61064/2022; order dated 21/02/2023 passed in MCRC no.3281/2023; order dated 06/02/2023 passed in MCRC no. 61176/2022; order dated 22/02/2023 passed in MCRC no. 1006/2023 etc. 5/ Per-contra, learned PL for respondent - State opposes the bail applications and prays for its rejection stating that with common intention, both the applicant along with other co-accused persons has actively participated in the aforesaid offence; he has been duly identified by the witnesses at the time of the incident; there is sufficient evidence available against present applicant; bail application of co-accused Jakir and Noshad have been dismissed in similar circumstances, hence the applicant do not deserve for grant of bail.

6/ Learned counsel for objector also opposed the application and prays for its rejection stating that the applicant has openly and actively participated in the aforesaid offence with common intention; his overt act of the present applicant is too gruesome; if bail is granted to the applicant, then victim will suffer enticement from the applicant, hence he does not deserve for grant of bail.

7/ Perused the impugned order of the trial Court, the statements of the witnesses as well as the case dairy.

8/ Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation as also taking note of the fact that the alleged FIR has been lodged against unknown persons, but eye witness Shiva categorically mentioned in his statement recorded under section 164 of Cr.P.C the name of the applicant in respect of his actively participation in the aforesaid offence, therefore, presence and identity of present applicant is established and Signature Not Verified Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 05-07-2023 10:11:28 4 therefore, no need for his test identification parade is required; it has also been found that there is sufficient prima-facie evidence available on record to establish presence and active participation of both the applicants in the alleged violence; it is pre-meditated conspiracy to agitate the riots; although some of the accused persons have been enlarged on bail in connection with the Khargone riots in different offences, but their case was not similar with the present applicants; in connected cases, this Court and other co-ordinate Bench of this Court also rejected the bail applications of concerned accused persons; in view of the evidence available on record, this Court is of the considered view that both the applicants do not deserve for grant of bail.

9/ Accordingly, this 1st application filed under section 439 of Cr.P.C by the applicant has no force and is hereby rejected.

Certified copy, as per Rules.

(ANIL VERMA) JUDGE amol Signature Not Verified Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 05-07-2023 10:11:28