Madhya Pradesh High Court
Aryan Khan vs The State Of Madhya Pradesh on 29 June, 2022
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 29th OF JUNE, 2022
MISC. CRIMINAL CASE No. 29677 of 2022
Between:-
ARYAN KHAN S/O RAIS KHAN, AGED ABOUT 24
YE A R S , OCCUPATION: SERVICE AGRAWAL
COLONY RAU INDORE (MADHYA PRADESH)
.....APPLICANT
(BY SHRI ROHAN SOTHIYA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE STATION
KISHANGANJ (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI NITIN SINGH BHATI - GOVT. ADVOCATE)
This application coming on for orders this day, th e court passed the
following:
ORDER
This is repeat application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.175/2022 registered at Police Station - Kishanganj, Dist. Indore (M.P.) under Sections 399, 402 of IPC and Section 25 of Arms Act.
The earlier bail application was dismissed as withdrawn with liberty to renew the prayer after the statement of the seizure witnesses.
Counsel for the applicant submits that the statement of seizure witnesses Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN DALAI have been recorded and they have turned hostile. They have not supported the Date: 2022.06.29 18:14:31 IST prosecution case. It is further submitted that there is no criminal record of the 2 applicant.
Counsel for the State opposes the prayer for grant of bail and submits that from the possession of the applicant, red chilly powder was seized, however, he failed to show any criminal record of the applicant.
Considering the aforesaid submissions and taking into consideration that the seizure witnesses have turned hostile and there is no criminal record of the applicant, I am of the view that the applicant is entitled for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.
It is directed that applicant shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the Ld. Court below.
The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU "W.P. (C) No.1/2020" and ensure that the applicant is examined by the jail doctor before his release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct him to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall ensure his transportation from the jail till his place of residence.
It is further made clear that if it is found that the applicant is involved in any other case during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty to arrest the Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN DALAI Date: 2022.06.29 18:14:31 IST applicant.
A typed copy of this order is being forwarded to the Office of the 3 Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the Ld. Court below.
(VIJAY KUMAR SHUKLA)
JUDGE
soumya
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN SOUMYA RANJAN
DALAI
Date: 2022.06.29
18:14:31 IST