Madhya Pradesh High Court
Tanveer Alam vs The State Of Madhya Pradesh on 15 June, 2021
Author: Vishal Dhagat
Bench: Vishal Dhagat
1 MCRC-15545-2021
The High Court Of Madhya Pradesh
MCRC-15545-2021
(TANVEER ALAM Vs THE STATE OF MADHYA PRADESH) 5 Jabalpur, Dated : 15-06-2021 Heard through Video Conferencing.
Shri Parag S. Chaturvedi, learned counsel for the applicant. Shri Sourabh Soni, learned Panel Lawyer for the State. This is repeat bail application under Section 439 of the Code of Criminal Procedure for grant of bail to the applicant. Earlier application was dismissed on merits vide order dated 11.01.2021 passed in MCRC No.53976/2020.
T he applicant has been arrested on 22.11.2020 in connection with Crime No.776/2020 registered at Police Station-Hanumantal, District-Jabalpur (M.P.) for commission of offence punishable under Sections 294, 307 & 34 of the Indian Panel Code.
Learned counsel for the applicant submitted that applicant was not the aggressor. He was in his house and complainant had arrived at his house and had beaten him up. Applicant has not assaulted the victim. Other co-accused person namely Afak has assaulted both the injured persons. It is further submitted by him that applicant is in jail since 22.11.2020. He is a bright student aged about 19 years. He had applied for NEET Examination. Notice of said examination has been issued on 12.03.2021. Trial Court has permitted books to be supplied to applicant in jail so that he can prepare for the examination. It is also submitted by him that applicant will not tamper with the evidence or influence the witnesses of the case. Considering the aforesaid circumstances, bail application of applicant may be allowed.
Learned counsel appearing for State opposed the application for grant of bail. It is submitted by him that injuries caused were dangerous to life. Applicant was involved in the incident. There is no change in circumstances, therefore, bail application filed on behalf of applicant may be dismissed.
2 MCRC-15545-2021 Heard learned counsel for the applicant as well as State. Applicant is in jail since 22.11.2020. He is a young man of 19 years. As per prosecution story, applicant has not made any assault. There is change circumstance in the case. Applicant is to appear in NEET Examination which is to be held shortly. Public notice of said examination has been issued on 12.03.2021 Considering the facts and circumstances of the case and also the age of applicant, without commenting on merits of the case, bail application filed by the applicant is allowed. It is directed that applicant- Tanveer Alam be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial court.
The applicant shall abide by the following conditions of Section 437 (3) of Cr. P. C. as under:-
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;
(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;
(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
C.C. as per rules.
(VISHAL DHAGAT) JUDGE shabana SHABANA Digitally signed by SHABANA ANSARI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=HIGH COURT OF MADHYA PRADESH, postalCode=482002, st=Madhya Pradesh, ANSARI 2.5.4.20=c333137a9dcc1cbb16eda221093504d5160044d dfe0db28fde957c744ce28123, cn=SHABANA ANSARI Date: 2021.06.15 14:53:05 +05'30'