Azher vs State Of Madhya Pradesh

Anil Verma, J

Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973. He is in jail since 16.6.2022 in connection with Crime No.294/2022 registered at P.S. - Mhow, District Indore (M.P.) for commission of offence punishable under Section 341, 147, 148, 149, 294, 307, 323, 506 of IPC.

As per the prosecution story, complainant Hajra Bee orally got report that she does the work of selling milk. Old dispute was going on regarding land with her neighbour Ajaj and Shehjad, due to above disputes above both persons living in Shehjad Khan colony, Mhow and in connection with the land dispute on 7/6/2022 she went to Mhow court with Mohsin and Mulla. Court imposed fine and gave punishment till rising of the court to them. Thereafter at 5.30 p.m. when they were coming towards MPEB Office for taking their motorcycle, at that time Ajaj and his brother Shehjad, Mubin and complainant Arshed Majhar meet there, then Arshad and Majhar used filthy language and told that today you are left by the court but we will kill you. Then with intention to kill her, Ajaj caused injury to complainant on her head by Favda and Arshad and Majhar caused injury with wooden stick. The complainant sustained injury on her head. When Mulla tried to intervene, the accused persons also beaten him. Thereafter the injured was taken to hospital and reported was lodged.

Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in this matter. He is in custody since 16.6.2022. Applicant was not named in the FIR. He is a social worker and he was not present at the time of incident. He is the sole bread earner of his family and permanent resident of District Indore. Hence, he prays that applicant be released on bail.

Per-contra, learned PL for respondent/State opposes the bail application and prays for its rejection by submitting that one criminal antecedent has been found against the present applicant.

In reply to this, learned counsel for the applicant submits that the said matter has been disposed of by the concerned court and applicant has been acquitted in that matter.

Perused the case diary as well as the impugned order of the court below. Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that present applicant was not named in the FIR, victim persons did not sustain any bony injury, applicant is in custody since 16.6.2022, investigation is almost over in respect of the present applicant and final conclusion of trial will take a long sufficient time, I deem it proper to release the applicant on bail.

Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.75,000/- with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.

Before releasing the applicant from the custody, the Jail Authorities are directed to medically examine him 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.

C.C. as per rules.