Madhya Pradesh High Court
Asif @ Nakta vs The State Of Madhya Pradesh on 18 December, 2017
Alok
Digitally signed by Alok Gargav
DN: c=IN, o=High Court of Madhya
Pradesh, ou=Administration,
postalCode=452001, st=Madhya
Pradesh,
Gargav
2.5.4.20=10ffc095e99ebde5fcd7c3
f1f517fd958a070f17607a9a6db30
71d4a39e9cb81, cn=Alok Gargav
Date: 2017.12.23 14:30:07 +05'30'
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 23336/2017
1 Asif @ Nakta Vs. State of M.P.
Indore, dated : 18.12.2017
Shri M.K. Sharma, learned counsel for the
petitioner.
Shri Kamal Tiwari, learned Public Prosecutor.
ORDER
This is an application under Section 439 Cr.P.C. by petitioner- Asif @ Nakta, who has been arrested by Police on 30.6.2017 in Crime No.357/2017, Police Station Rajendra Nagar, District Indore, concerning offence under Section 307, 452, 458, and Section 326 read with Section 34 of IPC and u/s. 25 of the Arms Act.
2. Heard the learned counsel for the parties and perused the case diary.
3. Allegedly, on 28.6.2017, in the post mid-night, 3 persons including Imran @ Immu and Anis @ Jojo entered into the room of complainant - Palak Shrivastava. Allegedly, Imran @ Immu assaulted the complainant with a knife which hit her on the buttock; Anis @ Jojo allegedly assaulted her with a 'Lathi' and the other person who has not been named in the first information report, allegedly caused injury to the complainant on the left leg by a sword. The further allegation is that the complainant was thrown down on the ground and thereafter further assaulted by kicks and fists.
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 23336/2017 2 Asif @ Nakta Vs. State of M.P.
4. It is submitted by the learned counsel for the petitioner that he has not been named in the first information report and that there is no evidence against him to connect with the alleged crime. It is further submitted that the petitioner is innocent and has been falsely implicated in this case and that there is no apprehension of petitioner's running from the course of justice, if released on bail.
5. Though, prayer for bail is opposed by the learned Public Prosecutor, however, considering the nature of allegations made against the petitioner so also the quality of material to support the same, it would be appropriate to admit the petitioner to bail.
6. Accordingly, the petition is hereby allowed and it is directed that on furnishing personal bond by the petitioner in the sum of Rs.40,000/- (Rupees Forty Thousand only), with one solvent surety in the like amount to the satisfaction of concerned Chief Judicial Magistrate/Judicial Magistrate, First Class, he shall be released on bail, subject to the condition that he shall make himself available to the Police, as and when required during the investigation and will also remain present before the trial Court as and when directed in that behalf.
C.C. as per rules.
( VED PRAKASH SHARMA ) JUDGE Alok/-