Madhya Pradesh High Court
Gulam Abbas vs The State Of Madhya Pradesh on 7 March, 2018
THE HIGH COURT OF MADHYA PRADESH, JABALPUR M.Cr.C. No.4176/18 Jabalpur, Dated 07.03.2018 Mr. Manish Tiwari, learned counsel for the applicant. Mr. Arvind Singh, learned Govt. Advocate for the State. This application has been filed U/s.439 Cr.P.C. on behalf of applicant Gulam Abbas , in connection with Crime No.789/2017 registered at Police Station Hanumanganj, Distt. Bhopal for offence U/s.327, 294, 323, 506, 386, 388, 452, 499, 500 and 120-B of I.P.C.
The applicant is in judicial custody since 13.12.2017 in the aforesaid case. The allegation against him by the complainant is that the applicant along with the other co- accused persons wanted to assault the son of the complainant, who is stated to have run away and took shelter inside his house. The applicant along with co-accused persons pursued the complainant and his son and entered their house and they wanted to assault the son of the complainant when they raised an alarm upon which neighbours came to the scene of occurrence and the applicant and the other co-accused persons are stated to have run away from there. In para 5 of the complaint, there is no allegation of any physical contact or assault by the applicant on the complainant or his son.
Learned counsel for the State while opposing the application for bail has said that there are 17 cases against the applicant which also involves offence U/s.392 and 379 of I.P.C. However, the present case is allegedly of extortion and causing injuries in attempting to commit extortion.
Looking at the facts and circumstances of the case specially that there has been no assault effected by the applicant and the co-accused persons which is the admitted position by the complainant, the application is allowed and it is directed that the applicant herein shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand) with one solvent surety in the like amount to the satisfaction of the trial Court.
C.C. as per rules.
a (Atul Sreedharan)
Judge
Digitally signed by ASHISH DATTA
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH JABALPUR, ou=P S, ASHISH DATTA postalCode=482008, st=Madhya Pradesh, 2.5.4.20=39687ae2c05d9fbaae8af68cd0db0f2d72ea51435fe1da821e718b7963f 8eeba, 2.5.4.45=0321009FFBC4775F25A882B8A6233418905D27AA9BED4D5486CEF84 C16DFB5884A7E01, cn=ASHISH DATTA Date: 2018.03.07 17:21:29 +05'30'