Madhya Pradesh High Court
Chhotu @ Unus Khan vs The State Of Madhya Pradesh on 13 March, 2020
Author: Rajeev Kumar Dubey
Bench: Rajeev Kumar Dubey
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.1876/2020
(Chhotu @ Unus Khan Vs. State of M.P. )
1
Jabalpur, Dated : 13/ 03 /2020
Shri M.K. Sharma, counsel for the applicant.
Shri Mahendra Choubey, G.A. for the respondent / State.
Shri Kapil Sharma, counsel for the objector.
Heard with the aid of case diary.
This is first application filed under section 439 Cr.P.C. Applicant Chhotu @ Unus Khan was arrested on 03.12.2019 in Crime No. 997/2019 registered at Police Station T.T. Nagar, District Bhopal (M.P.) for the offence punishable under Sections294, 307, 323, 506/ 34 of IPC and Section 25 of Arms Act.
As per the prosecution case, on 01.12.2019 at 12:30 pm when complainant Tajbar Khan was going to Jumerati Market along with Aarif Khan on Activa vehicle on the way at Mata Mandir, Old Church applicant Chhotu, co-accused Sameer, Tiktik @ Bachha and Pappu met them. They abused them and co-accused Sameer assaulted Aarif with sword on his head and co-accused Tiktik assaulted him with knife in his stomach. Applicant Chhotu and co-accused Pappu assaulted Aarif by kicks and fists. In the incident Aarif sustained grievous injury.
Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. Although in the MLC report of injured Aarif it is mentioned that injury sustained by him was grievous in natujre, but there is no X-Ray report to show that he sustained any fracture. Even otherwise, there is no allegation against the applicant that he assaulted the injured Aarif by sword or other sharp object. The applicant has been in custody since 03.12.2019 and the conclusion of trial will take time, hence prayed for release of the applicant on bail.
Learned counsel for the State as well as learned counsel for the objector opposed the prayer and submitted that applicant also took part in the incident and he has criminal past, so applicant should not be released on bail.
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.1876/2020 (Chhotu @ Unus Khan Vs. State of M.P. ) 2 Looking to the facts and circumstances of the case and the fact that the applicant is in custody since 03.12.2019, charge sheet has been filed and 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 concerned 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)
sarathe Judge
Digitally signed
by NAVEEN
KUMAR
SARATHE
Date: 2020.03.13
18:16:52 +05'30'