Ali Hamja @ Amir Hamja vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

Case diary is available.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant as he has been arrested on 8.7.2023 in connection with Crime No.270/2023 registered at Police Station Sironj, District Vidisha for the offence punishable under Sections 294, 324, 327, 506 of IPC.

Prosecution story, in brief is that on 5.7.2023 at about 11:00 hours when complainant Yogesh Kushwah was going towards his house and reached near Nizampura Mohalla, applicant met him and demanded an amount of Rs.1,000/- for consuming liquor and when complainant denied, he abused and assaulted him with deadly weapon i.e. knife and caused injuries to him.

Learned counsel for the applicant submits that the applicant has falsely been implicated in the matter. Injuries said to be caused by the applicant were simple in nature as per MLC report. Investigation has been completed and charge sheet has been filed. The applicant is in custody since 8.7.2023. Trial will take time to conclude therefore, considering the period of custody of the applicant he is entitled for bail.

Learned counsel for the respondent/State has vehemently opposed the prayer and submits that the applicant is a habitual criminal and about 22-23 criminal cases are registered against him.

Heard the learned counsel for both the parties.

Having considered the rival submission, material pointed out by the learned counsel for the applicant, nature of allegations alleged against the applicant so also his period of custody and the fact that investigation has been completed and charge sheet has been filed, without expressing any opinion on the merits of the case, this Court is of the view that the applicant deserves to be enlarged on bail, hence the application is allowed.

It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety 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 further directed that applicant shall comply with the provisions of Section 437 (3) of Cr.P.C.

This application is allowed and stands disposed of.

Certified copy, as per Rules.