Madhya Pradesh High Court
Mukeem Khan vs The State Of Madhya Pradesh on 25 February, 2020
Author: Rajeev Kumar Dubey
Bench: Rajeev Kumar Dubey
1 MCRC-47777-2019
The High Court Of Madhya Pradesh
MCRC-47777-2019
(MUKEEM KHAN Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 25-02-2020
Mohd. Mohsin Wali, counsel for the applicant.
Shri M.K. Singh, Panel Lawyer for the respondent/State.
Heard with the aid of case diary.
This is First bail application filed under section 439 Cr.P.C. Applicant Mukeem Khan was arrested on 13.10.2019 in Crime No.386/2019 registered at Police Station Mandla, District Mandla for the offence punishable under Section 457, 380 & 427 of IPC.
As per prosecution case, applicant and other co-accused persons stole the money from two ATM machines located at Bineka Tiraha, Mandla after cutting the ATM machines by gas cutter.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the offence. There is no direct evidence on record to connect the applicant with the crime. Police only on the basis of memorandum of co-accused, implicated the applicant in the crime while memorandum of co-accused is not admissible in evidence against the applicant. Nothing has been seized from the possession of the applicant. Charge sheet has been filed. Applicant has no criminal past. He is in custody since 13.10.2019 and the conclusion of trial will take time, hence prayed for release of the applicant on bail.
Learned counsel for the State opposed the prayer and submitted that applicant committed theft from two ATM machines after cutting those machines by gas cutter. So, he should not be released on bail.
Looking to the facts and circumstances of the case and the contention of the learned counsel for the applicant and the fact that there is no direct evidence on record to connect the applicant with the crime, nothing has been recovered from the possession of the applicant, applicant has no criminal past, charge sheet has been filed, applicant is in custody since 13.10.2019 and Digitally signed by RANJEET AHIRWAL Date: 26/02/2020 11:14:41 2 MCRC-47777-2019 conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of 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 trial;
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 prior permission of the trial Court.
C.C. on payment of usual charges.
(RAJEEV KUMAR DUBEY) JUDGE (ra) Digitally signed by RANJEET AHIRWAL Date: 26/02/2020 11:14:41