Afjal Ansari vs State Of Madhya Pradesh

Rajendra Kumar Verma, J

This is the first application filed by the applicant/accused under Section 439 of Cr.P.C for grant of bail in connection with Crime No.432/2020

registered at Police Station - Gopalganj District - Sagar (M.P.) for the offence under Sections 420, 120-B & 411 of I.P.C.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. It is further submitted that the applicant has

been made accused on the basis of the memorandum of co-accused Azad Ansari as the mobile which has been used in the commission of offence

was purchased from the present applicant. In fact, the applicant has not cheated the complainant as no amount has been transferred from the account

of the complainant to the account of the present applicant. Co-accused Ahmad Ansari has already been enlarged on bail by this Court vide order

dated 05.05.2021 passed in M.Cr.C.No.10643/2021 and there is parity between the present applicant and co-accused Ahmad Ansari. The applicant is

in custody since 18.06.2021 and the trial will take time to conclude. The applicant is permanent resident of District Sagar and there is no likelihood of

absconding o r tampering with the prosecution evidence by the applicant. On these grounds, prayer is made to enlarge the applicant on bail.

Per contra, learned Panel Lawyer for the State opposes the bail application and prays for its rejection.

Heard rival contentions of the parties and perused the entire material available on record including the case diary.

Keeping in view the entire facts and circumstances of the case and taking note of the fact of parity in mind, this Court is of the considered view that

the applicant may be enlarged on bail. Hence, without commenting on the merits of the matter, the application is allowed. The applicant - Afjal Ansari

is directed to be released on bail upon his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One lac Only) with two local sureties each of

Rs.50,000/- (Fifty Thousand Only) in the like amount to the satisfaction of the concerned Court for his appearance before the trial Court on all such

dates as may be fixed in this behalf by the trial Court during the pendency of trial. It is directed that applicant shall comply with the provisions of

Section 437(3) Cr.P.C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by

the Government with regard to 'COVID-19' before releasing the applicants.

This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become

ineffective and cancelled without reference to this Bench.

Certified copy as per rules.