Ashok Sharma And Another vs State Of M.P

Anil Verma, J

This is a First application under Section 439 of the Code of Criminal Procedure, 1973. The applicants are in Jail since 25.11.2021 in connection with

Crime No.622/2021 registered at Police Station Kanvan, District Indore for commission of offence punishable under Sections 147, 148, 149, 294, 323,

327 an 506 of IPC and Sections 25(1) and 27 of the Arms Act.

As per prosecution story, on 25.11.2021 when the complainant Rajesh was sitting at his Dhaba situated on Mhow- Neemuch Road, at about 2:45 in

the night, two cars stopped at his Dhaba and from the said two car 7 persons stepped down. Out of those 7 persons, two were having guns in their

hands. The said persons took tea and snacks. When the said persons were requested to make payment for the said tea and snacks, they started

abusing with filthy languages and one of the miscreants called the two others of them as Ashok and Rajusingh and told them to identify himself, upon

which, the said two persons told the complainant that he was Brijpal Singh Tomar from U.P. and is a big goon. The servant of the complainant namely

Rahul came to intervene, but the said Brijpal Singh slapped him and threatened the complainant that they would blow his shop by bomb. The persons

handling the guns pointed the same towards the complainant. The complainant was threatened that he would be killed by bullets. The complainant

called the police but the said miscreants fled away from the spot. On lodging report of the incident by the complainant, the aforementioned offences

were registered and the applicants were arrested.

Learned counsel for the applicant contended that applicants are innocent and have been falsely implicated in this offence. There is no legal

evidence available on record to connect the applicants with the aforementioned offence. They are in jail since 25/11/2021 and their further custodial

interrogation is not required. The alleged offences are exclusively triable by JMFC. Counsel for the applicants further submits that coaccused Sanjay

Singh and Naved have been enlarged on bail vide order dated 22.12.2021 passed in M.Cr.C. No.61404/2021 and coaccused Irfan has been enlarged

on bail vide order dated 21. 01.2022 passed in M.Cr.C. No.3723/2022, therefore on the ground of parity applicants also deserve to be enlarged on bail.

Final conclusion of trial shall take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and

conditions, as this Court deems fit and proper.

Per-contra, learned PL for respondent â€" State opposes the bail application and prays for its rejection by submitting that applicant-Ashok is having

one criminal antecedent and Brajpalsing is having two criminal antecedents.

Perused the impugned order of the trial Court as well as the case dairy.

Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature and gravity of allegation as also taking note

of the fact that the applicants are in jail since 25/11/2021; the alleged offences are exclusively triable by JMFC; investigation is over, in similar

circumstances co-accused Sanjay Singh, Naved and Irfan have been enlarged on bail and possibility of delay in conclusion of the trial cannot be ruled

out, I deem it proper to release the accused / applicants on bail.

Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicants be released on bail on their

furnishing personal bond in the sum of Rs.70,000/- (Rs. Seventy Thousand only) each with one solvent surety each in the like amount to the

satisfaction of the trial Court for their appearance before the trial Court, as and when required. They shall abide by the conditions enumerated u/S.

437(3) Cr.P.C.

Before releasing the applicants from the custody, the Jail Authorities are directed to medically examine themselves in order to rule out the possibility

of Covid-19 infections and shall comply with the directions issued by the Hon’ble Apex Court in W.P.No. 01/2020.

Certified copy, as per Rules.