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Judgment
10 paragraphs · 381 wordsDwarka Dhish Bansal, J
This is first application filed under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 on behalf of the applicant, whereby, the applicant is apprehending his arrest in connection with Crime No. 296/2015/2026 registered at Police Station - Forest Department, Sironj, District Vidisha (M.P) for the offence punishable under Sections 9, 39, 51 of Wild Life (Protection) Act, 1972.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. The applicant has been implicated in the present case on the basis of memorandum under section 27 of Evidence Act, which has no evidentiary value. The applicant is having no criminal antecedents. The applicant has not committed any offence. It is further submitted that main co-accused Mustaqeem and Aleem Shah have since been enlarged on bail by the co¬ordinate Bench of this Court vide orders dated 01/04/2026 passed in M.Cr.C. Nos. 55/2026 & 54/2026 respectively. He further submits that applicant is permanent resident of Sironj, District Vidisha and there is no possibility of his absconding or tampering with the prosecution evidence. He further submits that applicant shall abide by all the terms and conditions which may be imposed upon him. With these submissions, learned counsel prays for grant of anticipatory bail to the applicant.
3 . Learned counsel appearing for the respondent/State opposed the anticipatory bail application and prays for its rejection.
Heard learned counsel for the parties and perused the record.
Having considered the submissions of the counsel for the parties and perusal of the record, this Court deems it proper to release the applicant on anticipatory bail and without commenting on merits of the case, the application is allowed.
It is directed that the applicant- Abdul Kavee (karib) Khan @ Shahrukh Khan in the event of arrest shall be released on anticipatory bail on his furnishing a personal bond in a sum of Rs. 50,000/- (Rs. Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer/Investigating Officer.
It is further directed that the applicant shall comply with the provisions of Section 438(2) of Cr.P.C. /482(2) of the BNSS.
Accordingly, this M.Cr.C. stands allowed and disposed off.
Certified copy as per rules.