Aashif Khan @ Mintu vs State Of Madhya Pradesh

Rajesh Kumar Gupta, J

This is first application filed by the applicant under Section 483 of BNSS for grant of bail relating to Crime No.440/2024 registered at Police Station - Neelganga, District - Ujjain (M.P.) for the offence under Sections 103(1), 3(5), 61(2), 249, 306 of BNS and and Section 25, 27 of Arms Act.

As per the case of prosecution, Guddu @ Kalim S/o Vazir Kha aged 60 years was found dead at his home in the morning of 11/10/2024. Asif informed Inspector V.S. Kanodiya of PS- Neelganga that he was sleeping at home with family. Around 4:30 in the morning, he heard fire of gun shot, so he came out of his room. He saw Shakila and Rukhsana running toward the gate. He went to the room of his uncle Guddu @ Kalim. Guddu was lying dead on his bed. There was gun shot on his head. Nilophar, wife of Guddu was standing there. Guddu @ Kalim had property dispute with his wife Nilophar and sons Asif @ Mintu (present applicant) and Danish. He suspects that Guddu is killed by his wife and sons. PS- Neelganga, Ujjain registered FIR for the offence punishable under sections 103(1) of BNS, 2023. During investigation, it was revealed that Danish and Mintu @ Asif (present applicant) had conspiracy to kill their father Guddu in association with Soharab Sheikh and his associate Abhishekh @ Imran. In further of the conspiracy, Mintu @ Asif (present applicant) provided a double barrel gun to Soharab. Soharab and Danish entered the room of Guddu. Danish fired gun shot at head of Guddu. Guddu died on spot. Soharab and Danish ran away. A double barrel gun was recovered at the instance of Soharab. Later, present applicant informed that he had procured the gun from driver Javed @ Bhayya. Javed was apprehended and he informed that he had purchased the gun from Burhanuddin S/o Jahid Ali Bohra. It was revealed from the statement of Jahid Ali and Anil S/o Rajkumar that the double barrel gun, allegedly used in the offence, belongs to Anil S/o Rajkumar, who had deposited the gun at the shop of Jahid Ali for repairs. Burhanuddin, in absence of Jahid Ali, sold the gun to Javed @ Bhayya. Accordingly, present applicant Asif @ Mintu was arrested for the offence punishable under section 306 of BNS, 2023 on 25/10/2024. He is in custody ever since. On completion of investigation, final report was submitted.

Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. The applicant is under custody since 11.10.2024. The investigation is over and charge-sheet has been filed, therefore, no custodial interrogation is required. Co-accused Nasir Khan, Burhanuddin and Jafar Khan have already been enlarged on bail by co- ordinate Bench in M.Cr.C. Nos.3405/2025, 2652/2025 and 44321/2025, respectively. Certified copy of the statement of Arif Khan (P.W.1), Nilofar (P.W.2) and Sheik Nasruddin (P.W.3) have been filed along with the application, wherein the aforesaid witnesses have turned hostile and have not supported the prosecution story. Present applicant is made accused only on the basis of memorandum of co-accused and he has no direct involvement in the incident. There is no cogent evidence against the applicant. Main accused Danish is in custody. Conclusion of the trial will take sufficiently long time. The applicant is permanent resident of District - Ujjain (M.P) and there is no possibility of his absconsion and tampering with the prosecution evidence. Hence, prayed for grant of bail to the applicant.

On the other hand, learned State counsel opposed the bail application and prayed for its rejection.

Heard learned counsel for the rival parties and perused the case diary.

Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with one solvent surety in the like amount to the satisfaction of the trial Court/Committal Court/ Remand duty Magistrate.

This order will remain operative subject to compliance of the following conditions by the applicant:-

i) The applicant will comply with all the terms and conditions of the bond executed by him/her;

ii) The applicant will cooperate in the investigation/trial, as the case may be;

iii) The applicant will not indulge himself/herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

iv) The applicant shall not commit an offence similar to the offence of which he/she is accused;

v) The applicant will not seek unnecessary adjournments during the trial; and

vi) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

E- copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.