Madhya Pradesh High Court
Liyakat Ali vs The State Of Madhya Pradesh on 22 September, 2021
Author: Anjuli Palo
Bench: Anjuli Palo
1 MCRC-45315-2021
The High Court Of Madhya Pradesh
MCRC-45315-2021
(LIYAKAT ALI Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 22-09-2021
Heard through Video Conferencing.
Mr. S.R.Kushwaha, learned counsel for the applicant.
Ms.Ranjana Agnihotri, learned Government Advocate for the
respondent/State.
This is Second application u/s 438 Cr.P.C. for grant of anticipatory bail on behalf of applicant who is apprehending his arrest in connection with Crime No.419/2020 registered at Police Station, Hanumana, District Rewa for offences under sections 294, 307, 34 of the Indian Penal Code.
First application i.e. M.Cr.C No.31184/2021 was dismissed as withdrawn vide order dated 23.08.2021.
As per prosecution case, on 30.12.2020 when complainant alongwith his friend was going for taking bath in a river at that juncture they saw Jalaluddin alongwith a lady. Thereafter, complainant took their photograph. On this, accused Jalaluddin called co-accused persons who abused and assaulted with iron pipe and an axe. On the basis of aforesaid, offence has been registered against the applicant.
Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the crime in question. The applicant has not assaulted the injured person, but was only present at the spot. He further submits that main accused-Jalaluddin has been released on regular bail by the Coordinate Bench of this Court vide order dated 03.5.2021 passed in M.Cr.C.No.13183/2021. Moreover, in the similar set of allegations, the another co-accused Nanhu @ Najarat Ali, has been enlarged on anticipatory bail by this Court vide order dated 23.08.2021 in M.Cr.C No.37039/2021. The case of present applicant is identical to the case of that co-accused. Hence, prayer has been made to enlarge the applicant on anticipatory bail.
Learned Panel Lawyer has opposed the prayer for anticipatory bail.
2 MCRC-45315-2021 Considering the over all facts and circumstances of the case; nature of allegations and the fact that the main accused-Jalaluddin has been released on regular bail and taking into consideration the concept of principle of parity, as co-accused Nanhu @ Najarat Ali, has been enlarged on anticipatory bail by this Court, as stated above, hence without commenting on merits of the case, the prayer for anticipatory bail is allowed.
It is directed that in the event of arrest, applicant, namely, Liyakat Ali, shall be enlarged on anticipatory bail on his furnishing a personal bond in a sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one solvent surety in the like amount to the satisfaction of the arresting officer for his appearance before him during the course of investigation or before the trial Court during trial, as the case may be.
I t is further directed that the applicant shall abide by all the conditions as enumerated under Section 438(2) of the Cr.P.C.
Accordingly, the application for anticipatory bail is allowed.
(SMT. ANJULI PALO) JUDGE pb Signature Not Verified SAN Digitally signed by PRASHANT BAGJILEWALE Date: 2021.09.22 17:03:43 IST